SANTOSH PRALHAD JADHAV Vs. R.D.TYAGI

JUDGEMENT

(1.) THE order dated 5th December 1995 passed by respondent No.1, Commissioner of Police, Brihanmumbai directing the detention of the petitioner with a view to preventing him from acting in any manner prejudicial to the maintenance of the public order under sub-section (2) of Section 3 of National Security Act, 1980 (Act No.65 of 1980) read with Government Order, Home Department (Special) No.NSA 2395/1/SPL-3(B) dated 20th November 1995 is under challenge in this petition filed under Article 226 of the Constitution of India. This order has been confirmed by the State Government, Home Department, on 12th January 1996. The order of detention came to be served upon the petitioner on 6th December 1995 together with the grounds of detention, list of documents and copies of the documents referred to in the list.

(2.) THE basis of the order of detention is the incident of 23rd August 1995 and three in camera statements recorded by the police authorities. The proposal for detention of the petitioner was sponsored by the Chembur Police Station.

(3.) A complaint about this incident was lodged by one Kumar Sanjeev Ramsingh of Siddharath Colony, Navin Chawl, Room No.10, Zende Plot, Chembur on the basis of which offence under section 376(g) read with S.34 IPC was registered against the petitioner and his associates.