LAXMI RAJAN NAIR Vs. A N ROY

JUDGEMENT

(1.) By this Petition, the Petitioner who is the sister of the detenu, is challenging the Detention Order dated 26th October,2006 passed by the Commissioner of Police, Brihan Mumbai against the detenu, under Section 3(2) of the Maharashtra Prevention of Dangerous Activites of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (hereinafter referred to as the "Said Act") on the ground to prevent the Detenu from acting in any manner prejudicial to the maintenance of public order. Mr.Tripathi, the learned Counsel appearing on behalf of the Petitioner argued the above Petition only on two grounds, though various grounds are raised.

(2.) So far as the first ground is concerned, the learned Counsel for the Petitioner submitted that one criminal case has been filed against the detenu with regard to the incident of 29th July,2006 as well as two in-camera statements with regard to the incident which took place during the fourth week of July,2006. Another incident which took place during the night of the last week of July,2006 stating that the incidents referred to therein do not amount to any activity which is prejudicial to the maintenance of public order and at the most the same would be a question of only law and order.

(3.) We have perused the grounds of detention. With regard to first incident which took place on 29th July,2006 pertaining to which a case has already been filed, a case is pending before the learned Additional Chief Metropolitan Magistrate, 11th Court, Kurla. The facts pertaining to the same are as under: