(1.) IN this Criminal Writ Petition the Detenu, Hamid Guddubhai Shaikh, has challenged the Order of Detention passed against him by the Commissioner of Police, Greater Bombay, on 16-7-1987 under S. 3, Sub-Sec. (1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug-offenders Act, 1981 (Act LV of 1981. ).
(2.) SHRI Lambay, the learned Advocate appearing on behalf of the Detenu amicus curiae, has made only one submission in this Petition impugning the Order of Detention. Shri Lambay contended that the grounds furnished to the Detenu established only one fact and that was that. the Detenu was a slumlord. According to Shri Lambay, the grounds failed to show that the activities of Detenu as a slumlord were in any manner prejudicial to the maintenance of public order. On this ground alone, according to Shri Lambay, the Order of Detention deserved to be set aside and the Detenu deserved to be released.
(3.) NOW, in order to appreciate the submission made by Shri Lambay, it will be pertinent to set out the four instances of criminal activity indulged in by the Detenu which, according to the Detaining Authority, adversely affected the maintenance of public order. In the grounds it was, firstly, stated that between Sept. 1986 and Jan. 1987, the Detenu had disposed of three huts to the following three persons :- (1) Shailesh Gopal Hadkar, (2.) Suryakant Raghunath Jadhav and (3) Smt. Khatizabee Gulam Kadar. In the grounds the particulars of the area or the locality in which the three huts were situated, the dates on which the same were disposed of and the amount of the consideration, have been mentioned in detail. Thereafter it was stated in the grounds that in the month of April 1987 the above named three persons came to know that the huts sold by the Detenu to them were unauthorisedly constructed on Government land. When the Detenu approached them for more money, the three persons above named refused to oblige the Detenu. Consequently, the Detenu indulged in threats and the further incidents have been mentioned involving the above named three persons and the Detenu.