SHRI SHAHANAWAZ KHAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Ms. V.V. Tiwari, learned Counsel holding for Shri R.R. Rajkarne, Advocate for petitioner and Shri V.A. Thakare, learned A.P.P. for respondents.

(2.) Short submission of learned counsel appearing on behalf of the petitioner in absence of live link, detention order dated 10.09.2016 cannot be sustained. She also states that non-application of mind is apparent because the in-camera statements of witnesses-B and C relied upon to order detention are fabricated and false. Those witnesses complain of incidence taking place in last week of April, 2016, while the petitioner was in custody from 18.03.2016 to 07.05.2016 in Crime No.55/2016.

(3.) Support is being taken from Division Bench judgment dated 09.01.2014 passed in the matter of present petitioner only (Criminal Writ Petition No. 627/2013) to urge need of live link.