SANJAY KEDARI PATIL Vs. V K SARAF

JUDGEMENT

(1.) THE Commissioner of Police, Greater Bombay by order dt. Feb. 25, 1988 issued in exercise of the powers conferred by Sub-Sec. (2) of S. 3 of the National Security Act, 1980 directed detention of the petitioner with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The order of detention was served on the petitioner on the same day and the grounds of detention were furnished.

(2.) THE first ground recites that on Jan. 8, 1987 at about 5. 30 p. m. Nareshkumar Chandanram and his friend Vesia Manaukh Solanki were walking along Jangal Mangal Road, Bhandup (West), Bombay. The detenu accosted then and started abusing. The detenu threatened Nareshkumar in filthy language and picked-up a quarrel and fisted him on his face. The detenu thereafter took out a rezor and slashed on the left palm of Narashkumar causing bleeding injury. Vesia got frightened and ran away. Nareshkumar cried for help and the detenu ran away. Ground No. 2 recites that on Jan. 30, 1987 at about 10. 30 p. m. Dhondiram Digambar Thote and his friend Kishor More were proceeding to their residence along Jangal Mangal Road. The detenu and his associates gave a blow with sword on Dhondiram's head, hand and waist causing serious injuries. Kishor got scared and started running when the associates of the detenu chased him and gave blows with sword. The incident created a scare in the locality. Ground No. 3 recites that on Mar. 2, 1987 at about 9. 30 p. m. , Vijay Bhimaji Lokhande was standing near Maharashtra Vishranti Griha at tank Road, Bhandup (West) along with his friends. A marriage procession was proceeding towards Jangal Mangal Road. All of a sudden, the detenu armed with a revolver and his associates armed with deadly weapons came on the scene in 3 auto-rikshaws. Noticing the detenu and his associates, the participants in the marriage procession got scared and ran helter-skelter. The associates of the detenu gave blows with swords while , the detenu fired bullet from his revolver causing injuries. The detenu was instigating his associates to assault the people and kill them. Taking the clue, the associates of the detenu assaulted large number of people, by the weapons in their hands. Ground No. 4 recites that on July 10, 1987 at about 4. 30 p. m. Saiprasad Babanrao Tajne and his friend Chandrakant More were proceeding on bicycle along L. B. S. Marg at Bhandup. The detenu and his associates followed Saiprasad and Chandrakant in a jeep and intercepted them. The detenu and his associates were armed with swords and other deadly weapons and gave blow on Saiprasad's head. The associates of the detenu also assaulted Saiprasad and Chandrakant. The next incident occurred on Sept. 27, 1987 at about 9. 30 p. m. at Dawawala House, Bhandup. One Ashok Natwarlal Randheria was standing in front of his residence, when the detenu and his associates rushed at him, Ashok entered his house and the detenu and his associates went away from the place. Ashok's mother reported the matter to police but the detenu and his associates came back, entered the house of Ashok and stabbed him with gupti, causing injuries on his chest. The associates of the detenu stabbed Ashok on his neck with a knife. The last incident occurred on Dec. 4, 1987 at about 4. 30 p. m. when Vedamani Nadar and his brother and his family members were sitting in front of Room No. 4, Vijay Shankar Chawl, Bhattipada Road, Bhandup (West), Bombay. The detenu and his associates went to the place, abused and threatened Vedamani and stabbed him with a Rampuri knife on his head and back. The detenu was carrying an iron bar and gave blows on Vedamani's brother's head.

(3.) IN respect of these incidents, the detenu and his associates were prosecuted before the Metropolitan Magistrate but were released on bail. The Government of Maharashtra filed application before the Court of Sessions for cancellation of bail but the application was turned down by the Sessions Court. The grounds further recites that as a result of the activities of the detenu, peace-loving and law abiding citizens of the locality of Sarvodaya Nagar, Ganesh Nagar, Shivaji Nagar, Tank Road, Bhattipada Road, Gaondevi Road Jangal Mangal Road and its adjoining areas within the jurisdiction of Bhandup Police Station were experiencing a sense of insecurity and were living under the constant shadow of fear. On the strength of this material, the detaining authority came to the conclusion that activities of the detenu are prejudicial to the maintenance of public order. The order of detention is under challenge in this petition.