LAWS(BOM)-1997-3-61

KRISHNAKANT NARAYAN PATIL Vs. SUDHAKAR AMBEDKAR

Decided On March 19, 1997
Krishnakant Narayan Patil Appellant
V/S
SUDHAKAR AMBEDKAR Respondents

JUDGEMENT

(1.) THIS Writ Petition challenges the order of detention dated 28th August, 1996 issued by the Commissioner of Police, Navi Mumbai for detention of the detenu by name Bhalchandera @ Bhalya Narayan Patil under the provisions of the National Security Act, 1980. The present petition is filed by the brother of the said detenu. The copy of the order of detention dated 28th August, 1996 is annexed as annexure 4 to the petition. On the same date, respondent no.1 Commissioner of Police i.e. the detaining authority passed another order directing that the detenu should be detained in Yerawada Central Prison, Pune. The copy of the said order is annexed as annexure B to the petition. Pursuant to the said order of detention, the detenu was detained on 28th August, 1996. At the time of his detention the detenu was served with the grounds of detention dated 28th August, 1996 copy of which is annexed as annexure C to the petition.

(2.) THE aforesaid order of detention came to be passed in exercise of the powers conferred on the detaining authority by sub-section (2) of section

(3.) PARAS 6 to 8 of the said affidavit filed on behalf of the Union of India seek to explain how the representation forwarded to the Central Government was dealt with by that Government. From the said affidavit, it appears that the representation of the detenu was received by the Central Government in the Ministry of Home Affairs on 10th October, 1996. The said representation was immediately processed for consideration and the further information required for considering the said representation was called for from the Commissioner of Police i.e. the detaining authority through the crash wireless message dated 14th October, 1996. The required information was received by the Central Government in the Ministry of Home Department on 4th November, 1996 vide the State Government's message dated 2nd November, 1996. On receipt of the said information the papers were put up before the Deputy Secretary, Ministry of Home Affairs on 4th November, 1996 who after perusal thereof put up the papers before the Joint Secretary, Ministry of Home Affairs on 5th November, 1996 alongwith his own comments. The Joint Secretary considered the case and alongwith his comments put up the matter before the Special Secretary, Ministry of Home Affairs on 6th November, 1996. The Special Secretary after considering the matter in turn put up the papers before Home Minister, Govt. of India on the same day.