HAMID ALIAS CHIPDYA ATAULLAKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) DATAR J. This petition under Article 226 of the Constitution of India has been filed by the detenu for impugning the order of detention passed by respondent no. 2 - Commissioner of Police, Nagpur under section 3 (2) of National Security Act, 1980, read with Government Order Home Department No. NSA/4/spl. 3 (B) dated 29.3.96 with a view to preventing the petitioner-detenu from acting in any manner prejudical to the maintenance of public order. The impugned order has been passed on 28.4.96. The order alongwith grounds of detention has been served upon the petitioner on 1.5.96.

(2.) THE order of detention has been based upon seven incidents ranging from 26.5.95 to 27.3.96. THE incidents consist of terrorising the public, acts of criminal intimidation, robberies, murderous assaults, outraging modesty of a woman etc. , for which various offences have been registered against the petitioner-detenu. It is unnecessary for us to state the prejudicial activities mentioned in the grounds of detention because the petition must succeed on one ground based upon a question of law and the factual aspect in regard to which, no dispute is raised before us.

(3.) IN the result, the order of detention passed by the second respondent is quashed and set aside. The petitioner-detenu is directed to be released forthwith if not required in any other case. Rule made absolute in aforesaid terms. Petition allowed. .