ASHA ARUN GAWLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Writ of Habeas Corpus by virtue of Article 226 of the Constitution of India, has been preferred by the petitioner who is the wife of the detenu by name Mr. Arun Gulab Gawali, impugning the order of detention dated 18-9-1997 passed by the Commissioner of Police, Brihan Mumbai, vide D. O. No. 77/pcb/dp/zone-I/1997, the 2nd respondent herein, detaining Arun Gulab Gawali in the prison by virtue of section 3 (1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (No. LV of 1981), as amended by virtue of the Act of 1996, and as approved by the 1st and 3rd respondents, viz. Home Department (Special) No. DDS-1397/1/spl-3 (B) dated 9-9-97 of the Government of Maharashtra and passing the same. Copies of the order above referred, as well as the grounds of detention and the approval of the same by the respondent Nos. 1 and 2, were, admittedly, served upon the detenu contemporaneously on 23-9-1997 while the detenu was in custody in connection with some other crime number.

(2.) RELYING upon the three grounds mentioned and detailed in paragraph 4 from pages 2 to 9 of the grounds of detention which pertains to the three incidents of occurrence and were taken together as the grounds of detention which, in brief, are stated herein under :--On 21-7-1997 at about 17. 30 hours, Miss Anindita Murli Ramswami had been to Agripada Police Station and had complained to the police that as she being the reporter working in Asian Age Newspaper since 15-4-1996, at about 3. 45 hours on 21-7-1997 had gone to Dagadi Chawl on Bapurao Jagtap Marg, Byculla, Mumbai for the purpose of collecting a report on Akhil Bharatiya Sena and that evening while she was within the compound of the said place, a person aged about 35 to 40 years asked her about where she had come from and she replied that she is a reporter from Asian Age Newspaper. He told her that people had read that morning a report which was published in that days edition of Asian Age Newspaper. He then said in threatening tone: "jisane Aaj ke paper me likha hai uase Khatma Karenge, tab malum padega, uase bheja Dao". Upon this, she came out of the Dagadi Chawl compound and contacted her office from nearby public phone and on instruction she again went inside Dagadi Chawl compound in front of a small temple for information about the office of Akhil Bharatiya Sena at Dadar and found that the person mentioned earlier was still there and when she asked him about the information, he had replied that the office of Akhil Bharatiya Sena was at Lalbaug and that thereafter while she was about to take a turn, a stone suddenly hit on her face and on her turning further towards the direction from where the stone came, she found four other persons standing near the water tap also stoning upon her and continuing the stoning upon her. She also found persons standing nearby the temple pelting stones on her with the result she sustained bleeding injuries on her left side face. Thereafter she got scared and ran out of the compound and then went in a car to Prabhadevi and apprised her superiors about the assault made upon her. She was then taken to Hinduja Hospital where she was treated and allowed to go. Then she had been to Agripada Police Station and lodged the complaint stating details of persons who assaulted her in conspiracy with the others in the above incident and in which she suspected that it was all done only at the instance of the detenu. Hence a case was registered under sections 143, 144, 147, 148, 149, 324, 506 (II) read with section 34 of the Indian Penal Code in Agripada Police Station vide C. R. No. 193/97.

(3.) THE news of the above incident was found published in Asian Age Newspaper on 21-7-1997 and related to the difficulties being faced by the detenu in the matter of making payments to his gang members in the headline and in big bold letters. Because of the news item, above referred, the incident of attacking the reporter of Asian Age Newspaper has emerged out and accordingly the matter has been reported. Consequently, one Mr. Suresh Dattaram Bhaskar, associate of the detenu, was arrested on the same day, while another associate by, name Raju alias Phillips was arrested on the next day on 22-7-1997. During the course of investigation the arrested persons including the detenu were produced before 15th Court, Mazgaon, Mumbai for remand. The detenu was remanded to police custody till 24-7-1997 and then subsequently the detenu was released by the Court on conditional bail.