SHAIKH MOIN ALIAS KABADI Vs. DISTRICT MAGISTRATE PARBHANI

JUDGEMENT

(1.) The petitioners who are residents of Parbhani were detained under section 3(4) of The National Security Act. The orders of detention were made by the District Magistrate bear Nos. 1986-A-Pol-NSA-7; 1986/A/POL/NSA-10; 1986-A-Pol-NSA-6, 1986/Pol-A-NSA-8; 86-A-POL-NSA-9 respectively all dated 22nd August, 1986. The District Magistrate, Parbhani is respondent No. 1, to Criminal Writ Petition Nos. 102 of 1986; 117 of 1986 and 118 of 1986 and respondent No. 2 in Criminal Writ Petition Nos. 104 of 1986 and 108 of 1986. The State of Maharashtra are respondent No. 2 in Criminal Writ Petition Nos. 102 of 1986; 117 of 1986 and 118 of 1986 and respondent No. 1 in Criminal Writ Petition Nos. 104 of 1986 and 108 of 1986. In all these petitions under Article 226 of the Constitution of India, the petitioners challenge orders of detention made respectively against them.

(2.) The petitioners were detained on 22nd August, 1986. The grounds of detention were served on the respective petitioners on 22nd August, 1986. Soon after the receipt of the reports of the detaining authority the orders were approved by the State Government on 22th August, 1986. The copies of the orders of detention and the grounds of detention were in English and Marathi. The contents thereof were explained to each detenu in Urdu under separate panchanamas. The petitioners affixed their signatures in Marathi. The reports under section 3(5) of the National Security Act received by the Government of India on 1st September, 1986. The State Government approved detention orders on or about 1st September, 1986.

(3.) The summary of the various crimes alleged to have committed by the petitioners in the past is as under :- Crime R. No. 276/84, 155/84, 275/85 under section 160, 324 and 147, 148, 458 of the Indian Penal Code were registered against the petitioner in Criminal Writ Petition No. 102 of 1986. Crime No. 105/84 and 246/84, were registered against petitioner in Criminal Writ Petition No. 118 of 1986, Crime No. 105 of 1984 also involved the petitioner in Criminal Writ Petition No. 114 of 1986 and his associate. Offences were under section 324 of the Indian Penal Code. Rafatali Khan petitioner in Criminal Writ Petition No. 117 of 1986 was the accused in Crime No. 172 of 1984, involving offences under sections 324, 323, 234, 504 of the Indian Penal Code. Knife and blade were used. The petitioner in Criminal Writ Petition No. 104 of 1986, Yusufkhan, was involved in Crime Nos. 12/1984, 105/1984, 231/1984 and 274/1985. The offences were under sections 147, 148, 149, 327, 323, 324, 394 and 160 of the Indian Penal Code. The weapons like axe were used. A police constable was assaulted by a piece of glass. Alam Khan the petitioner in Criminal Writ Petition No. 108 of 1986 was the accused in Crime Nos. 206/1982 and 302/84 124/85, 143/85 and 177/1985. The offences were under section 324, 505 and 160 of the Indian Penal Code. The offences involved extortion of money by use of knife, assault by knife and affray. The incident revealed by crimes registered as Nos. 77/1986 and 107/1986 are the foundation of the grounds on which the orders of detention were made, it is necessary to set out substance of these cases. On 13th March at about 3 A.M. PSI Mandhane and Deputy Superintendent of Police Sharma intercepted motor car No. GJO 9565 at Khandegaon. It was coming from Nanded. Shaikh Moin Kabadi (Petitioner No. 102/1986), Mohd. Haroon, Parab Ali and Khurshid Jamir Khan were found in this vehicle, 22 swords, 23 daggers, 11 Barachis and 6 bottles of liquor were found. The Case No. 77/198 was registered at the Basmathnagar Police Station. The F.I.R. named the persons referred to above. The arms were purchased from a Gurudwara in Nanded. The three persons including Shaikh Moin Kabadi (Petitioner in Cri. Writ Petition No. 102 of 1986) were interrogated. They revealed that 15 days ago they had met their associates, collected money, and purchased 20 swords and 2 jambiyas and distributed them to different persons. Swords were attached from the house of these petitioners. They led the Police to the houses of the persons to whom they had distributed the weapons. The arms were seized under different panchanamas. During the interrogations these persons admitted that the arms were brought for the purpose of fighting Shiv Sena. On the basis of the material collected during this investigation and the searches made the names of the petitioners in Criminal Writ Petition Nos. 117 of 1986; 118 of 1986, 104 of 1986 and 108 of 1986 were revealed. This is how the Crime No. 107 of 1986 came to be registered.