HARIBHAU KASHINATH LONDHE Vs. S C MALHOTRA

JUDGEMENT

(1.) THIS writ petition filed by the detenu Haribhau Kashinath Londhe under Article 226 of the Constitution of India seeks to challenge the order of detention dated 6th January, 1997 passed by the first respondent viz. Commissioner of Police, Mumbai in exercise of powers conferred by Sub-section (1) of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act, 1981 ("Act" for short) with a view to prevent the detenu from acting in any manner prejudicial to the maintenance of the public order. The circumstances under which the impugned order was issued and the material on the basis of which the detaining authority drew his subjective satisfaction are well set out in the grounds of detention. We feel that the entire facts are not required to be stated as we are now inclined to dispose of this matter on a short ground viz. whether there was an unreasonable delay in issuing the order of detention from the date of last prejudicial activity throwing considerable doubt on the evidence of the subjective satisfaction of the detaining authority as regards the necessity to detain the petitioner.

(2.) THE prejudicial activities of the petitioner have been detailed in grounds of detention which were served on the petitioner on 6th January, 1997. It is stated that the petitioner has encroached upon certain government land at Malwani, Malad (West), Mumbai. It is stated that after encroaching upon the government land, the petitioner has sold small plots of land and/or huts to needy persons after taking from them large amounts ranging between Rs.4,000/- to Rs 6,000/-. It is further stated that the petitioner is a person of violent character and the petitioner and his associates are always moving about armed with deadly weapons such as bamboo stick, knife, chopper, sword and iron rod etc. It is also stated that the petitioner and his associates have unleashed a reign of terror in the localities of Akashwani hutments, Ambojwadi, Azad Nagar, Malwani, Malad (West) and areas adjoining thereto. It is stated that as the witnesses were not coming forward to depose openly against the petitioner and his associates, confidential enquiries were made wherein they were given assurance that secrecy would be maintained regarding their identity particulars and that they would not be called upon to depose against the petitioner in the Court or any other open forum and statements of eight such persons have been recorded "In-Camera". In fact the detention order is mainly based upon the "In-Camera" statements of the said persons who have deposed against the alleged prejudicial activities of the petitioner. These "In-Camera" statements have been recorded in the month of May/June, 1996. The order of detention has been made on 6th January, 1997.

(3.) THE aforesaid ground stated in the preceding para has been replied in paragraph 12 of the reply affidavit filed by the Commissioner of Police. It will be useful to reproduce paragraph 12 which reads as follows: