MIRABAI MARTANDRAO SANSARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this Petition under Article 226 of the Constitution of India, the Petitioner-detenu challenges the order of detention dated 22nd September,2005 passed by the Commissioner of Police, Brihan Mumbai in exercise of the powers conferred upon him under sub section 2 of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (for short MPDA Act).

(2.) The Petitioner is the mother of the detenu Manoj Sansare. The detenu filed a representation to the Government for setting aside the detention order. The Home Department of State of Maharashtra rejected the representation of the detenu vide order dated 7th November,2005. The Secretary, Government of Maharashtra confirmed the detention order issued by the Commissioner of Police on 7th November,2005. In the detention order, the Commissioner of Police states that the detenu was weapon wielding dangerous person of violent nature having criminal antecedents. The detenu was at the relevant time a Municipal Corporator of Mumbai Municipal Corporation, Ward No.42. The charge against the detenu is that his criminal activities are spread over within the locality of Korba Mithagar, Nanabhai Wadi, Karim Wadi, Ganesh Nagar, Shivshankar Nagar, Wadala (East) and the area adjacent thereto coming under the Wadala Police Station in the Brihan Mumbai. The activities of the detenu have caused a panic and fear in the minds of people of the said locality and have caused threat and danger to the life and the property of the people residing in the said locality, while carrying out their daily activities. It is further stated that the detenu, along with his associates was moving around with arms and dangerous weapons such as revolver, rampuri knife and sura in the above localities and did not hesitate to use the said weapons while committing the offences of assault, extortion and criminal intimidation. The activities of the detenu has terrorized the people and the detenu and his associates have caused panic and fear in the minds of the people residing in the said localities.

(3.) The order further states that in the year 2002, in order to curtail the activities of detenu, the proceeding under Section 110(e)(g) of the Criminal Procedure Code was initiated against the detenu but the same was revoked by the Special Executive Magistrate, Wadala, Brihan Mumbai. One Mr.Ramakant Pande had filed a complaint against the detenu, who happens to be a Principal of Bansidhar Agarwal Model School and Junior College, Wadala, Mumbai. It is stated that one month prior to 5th July,2005, the associate of the detenu Narendra Basant Singh and Sayyed Ali Khan, along with 2-3 unknown persons approached the Complainant Ramakant Pande for admission of ward of Sayyed Ali Khan and Others. The associates of the detenu pressurized the complainant for getting the admission of the son of Sayyed Ali Khan by quoting the name of the detenu. The complainant Ramakant Pande received phone calls from the Narendra Basant Singh, the associate of the detenu, who informed that the detenu and Narendra Singh want to meet the complainant. Accordingly, the detenu and Narendra Singh went to the office of the Principal, along with Sayed Ali Khan and 10 to 15 others including men and women. The Principal was threatened by the detenu and the associates with the dire consequences, if the admission to the Ward of Sayyed Ali Khan was not given. Filthy language was used by the detenu and the associates on receiving answer from the Principal and the Principal was threatened by saying that "rqe pksj gks] rqedks ; gkWa cSBus ugh nsaxs] rqe vWzMfe'Au dSls ugh nsrs] rqedks ekjsaxs] gkrikWao rksM nsaxs^^ Thereafter the incident was informed to the Police. The detenu and his associates were taken out of the office of the Complainant.