MOHAMMED BILAL HANIF Vs. A N ROY

JUDGEMENT

(1.) THESE two Writ Petitions are challenging the detention order. The arguments were advanced by Mr. Chitnis, Senior Counsel with Mr. Tripathi for the petitioners / detenus, and by Mr. Borulkar, PP, Mr. D. S. Mhaispurkar, APP and Mrs. A. S. Pai, APP for the Respondents - State.

(2.) SO far as Writ Petition No. 987 of 2005 is concerned, the detenu is Mohammed Bilal Hanif Shaikh @ Bilal Bachkana. So far as Writ Petition No. 1597 of 2005 is concerned, the detenu is Uday Mahadev sawant.

(3.) MR. Chitnis made certain legal submissions only for both the matters, and, therefore, we are, dealing with only those legal submissions. For the purpose of the present judgment, we are setting out facts in Writ Petition No. 987 of 2005. The order of detention in this Writ petition is dated 18. 1. 2005 issued by A. N. Roy, Commissioner of Police, brihan Mumbai. It is under sub section (2) of section 3 of The Maharashtra Prevention of Dangerous activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (hereinafter referred to as "mpda Act" ). The grounds of detention are of the same date i. e. 18. 1. 2005. In paragraph 4 grounds of detention are mentioned. One c. R. No. 00/04 dated 21. 9. 2004 under Section 387, 34 of IPC registered at J. J. Marg Police station is there, along with two in- camera statements referred to in paragraph 4 (b) (i) of witness No. 1 and in paragraph 4 (b) (ii) of witness no. 2. Detention Authority in paragraph 5 has stated that it was satisfied that the petitioner was a dangerous person as defined in Section 2 (b-1) of the mpda Act, and, therefore the activities were prejudicial to the maintenance of public order, and, therefore, he was required to be detained and detention order was accordingly passed.