SATMABEGUM MOHAMMAD RAZAK KHAN Vs. SATISH SAHNEY

JUDGEMENT

(1.) THE petitioner who is the mother of Shri Jaffer Ahmed alias Jaffer Fantoos, son of Mohammed Razak Khan, has filed the present habeas corpus petition seeking to challenge the order of detention bearing D. O. No. 79/pcb/zone-I/94 dated 1st November, 1994 passed by Shri Satish Sahaney, The Commissioner of Police, Greater Bombay under section 3 (2) of the National Security Act. The said order alongwith the grounds of detention were served on the latter (detenu) on 5th November, 1994 and the detenu was incarcerated. The order of detention and the consequent detention of the detenu is impugned in the present petition. The grounds of detention inter alia provide that the detenu is a person of violent character. He indulges in terrorising activities and accepts assignments on contract basis to settle disputes by resorting to illegal ways and means whereby he has become a potential danger to the society at large. He being weapon welding and dangerous criminal has created terror in the minds of peace loving and law abiding citizens residing in the area and localities following in the jurisdiction of J. J. Marg Police Station, Bombay.

(2.) THE detenu and his associates are always moving about armed with deadly weapons uch as knives etc. and they do not hesitate to use the same while committing offences such as extortions, robbery, criminal intimidation etc.

(3.) THE grounds further recite that Shri Shahalam Abdulla Qureshi, a resident of Chowkie Moholla, Building No. 83 is a proprietor of Alam Hotel situate at Hujaria Cross Lane, Mastan Talao, Nagpada, Bombay. He has seven employees who work in the said hotel. The said Shahalam Qureshi knows the detenu and his two associates viz. , Nasir and Ayub as Goondas who move about idly in the localities of Hujaria Cross Lane, Nagpada. The said Shahalam Qureshi has a fruit stall at Mataka Galli, Null Bazar. While Shri Shahalam remains occupied with his hotel business he has deputed his cousin Shri Rashid Loquin Qureshi to conduct the said fruit stall. Of late there exists a dispute between Shahalam and Rashid over transferring the fruit stall in the name of the latter.