HIRAMAN HARISCHANDRA BHOIR Vs. HIRAMAN HARISCHANDRA BHOIR

JUDGEMENT

(1.) THE present writ of habeas corpus is directed against an order of detention passed by the 1st respondent Mr. O. P. Bali, the Commissioner of Police, Thane dated 20th February 1998 detaining the detenu by name Arun Hiraman Bhoir by virtue of sub-section (1) of section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (Mah. Act No. LV of 1981), as amended upto date. The petitioner herein who is the father of the detenu has impugned the said detention order. Both the order of detention shown in Annexure "a" and the committal order shown in Annexure "b" along with the grounds of detention shown in Annexure "c" were contemporaneously served upon the detenu on 22nd February 1998.

(2.) THE prejudicial activities of the detenu as culled out from the grounds of detention against the detenu are as stated hereunder: n 14-4-1996 at about 11. 00 hours, the detenu along with his father Hiraman Bhoir and others went to the place which belong to one Pratap Murlidhar Narvade at Chitalsar Manpada where fencing work was going on. Although the detenu was not concerned with the said property of Shri Narvade, the detenu along with his father and associates broke down and demolished the fencing and caused damage to the fencing. Due to the terror no one resisted but later on an offence was registered at Kapurbavdi Police Station vide C. R. No. 1-100/96 for the offence under sections 447, 427, 34 I. P. C. since such activities were found to be disturbing public peace and tranquillity and chapter proceedings were proceeded against the detenu vide Chapter Case No. 1/96 on 26-4-1996 at the instance of Kapurbavdi Police Station and the detenu was ordered by the Special Executive Magistrate to execute the bond and sureties of Rs. 5000/- on 9-8-1996 for keeping good behaviour for the period of six months. However, on the expiry of the bond period the detenu continued to indulge in similar activities in the area of Manorma Nagar, and continued disturbing the public order. The continued involvement of the detenu showed his tendencies and inclination towards crime as a "dangerous Person" in utter disregard of the existing law of the land. The following incidents were quoted in the ground of detention. One Shri Pandurang Kashinath Mane is staying at the Dhohali, Manorama Nagar, Ganeshwadi, Thane in the hutment colony which was unauthorisedly constructed by detenus brother Ashok Bhoir. He lodged a complaint that on 12-3-97 when he was filling water from the tap, in front of detenus brothers house detenus brother Ashok Bhoir and watchman objected him and detenus brother slapped and threatened him with dire consequences. Therefore, on the complaint of Shri Pandurang Mane, a non-cognizable case against detenus brother Ashok Bhoir vide N. C. No. 191/97 under sections 323, 504 I. P. C. was registered at Kapurbavdi Police Station and the complainant was advised to file the case in the Court and get his grievances redressed. On this action by Shri Pandurang Mane the detenu was shocked and got very angry and on 12-3-97 at about 23. 55 hours detenu along with his brothers and 25/26 men/women went to the Kapurbavdi Police Station and approached Police Sub-Inspector Sayyed who was holding Station House Charge and in a threatening tone told Sub-Inspector Sayyed that he was registering false complaint against them. The detenu and detenus brother thereafter threatened the said Sub-Inspector Sayyed that they would complaint against him to the higher authorities and shouted loudly and grossly misbehaved at the Police Station. Thereafter the detenu along with his brother and his associates accompanying him manhandled the Police Staff present at the Police Station and abused and assaulted PSI. Gayake who fell on the ground. During the said assault PSI Gayake, P. Cs. Mahale and Pawar sustained minor injuries. P. S. I. Sayyed, Bhamare and other policemen immediately intervened and by using necessary force brought the detenu and his accomplices under control. Thus the detenu and his accomplices formed an unlawful assembly, misbehaved with police staff on duty, abused, threatened and even obstructed them from discharging their lawful duties and created terror and fear amongst the Police Staff. An offence vide C. R. No. 1-62-97 under sections 353, 332, 147 I. P. C. was registered on 13-3-97 at 00. 35 hours at Kapurbavdi Police Station. In the said case the detenu and his 26 associates were arrested on the same day and produced before the J. M. F. C. Court, Thane, and was released each on P. R. bond of Rs. 1000/- and surety of the equal amount. After due investigation the detenu and his associates were charge-sheeted on 9-4-97 and the said case is still pending disposal before the Court of law. On 3-8-1997 at about 4-10 hours Police Sub-Inspector Bhamare alongwith Police Staff went to Manorama Nagar to execute the detention order issued under the provisions of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (Mah. Act No. LV of 1981), as amended upto-date. At that time the detenu and his brother Ashok joined together and unmindful of the purpose for which the police came threatened the police party. Then the detenu and his another brother by name Nandu along with his father and mother assaulted the police party with spade and a wooden stick. The brother of the detenu Ashok along with his wife Bharati and servant Suresh Punde came out of the house and along with their associates intentionally tried to drag P. S. I. Sunil Bhamare into the house. Since the police party intervened the detenu and his brother simply abused and manhandled the police party. An attempt was also made to kill PSI Bhamare by throwing a big stone on him. Fortunately Police Constable Patil obstructed and spoiled the attempt. P. C. Patil was hit on the head with a spade who became unconscious. In the meanwhile additional police force came on the spot and by using necessary force the detenu and his associates were brought under control and arrested on the spot the detenu and his two brothers and father, but detenus other associates fled away. Police Sub-Inspector Bhamare and Police Constable Patil were admitted in Thane Civil Hospital. After necessary treatment PSI Bhamare was discharged. Since the detenu and his associates formed an unlawful assembly with deadly weapons like big stone, thick wooden stick, spade misbehaved and attacked police party on duty and threatened and obstructed them from doing their lawful duties and created terror and fear among the Police Staff and the entire locality an offence vide C. R. No. 1-185/97 under sections 307, 353, 332, 147, 148, 149 of I. P. C was registered on 3-8-97 on the complaint of PSI Sunil Bhamare at Kapurbavdi Police Station. All the assailants were arrested and subsequently produced before the J. M. F. C. Court, Thane on 3-8-97 and were remanded in judicial custody. On an application for bail High Court vide order dated 16-10-97 observed that the incident is no doubt serious. However, after hearing the detenu and his associates were released on bail with the directions to attend the Kapurbavdi Police Station every Sunday. After due investigation chargesheet was filed in the Court of law on 29-10-97 which is pending disposal. While the detenu and others were on bail the detenu started his terrorising activities which were reported in the local newspapers on 4-11-97 stating that the detenue has created a regime of terrorism demanding "khandani" from businessmen and residents of Manorama Nagar and also demanded legal action against the detenu. Barring this an anonymous application dated 3-11-1997 addressed to the Commissioner of Police containing the allegations of atrocities on citizens of Manorama Nagar and nearby area and requesting to institute urgent enquiry against the detenu and his associates who were demanding money and collecting ransom regularly so that the members of public may be saved from their atrocities, was received by the police. On receipt of the said application it was sent to Kapurbavdi Police Station for necessary action and report and consequently materials were collected for necessary action by the Inspector of Police, Kapurbavdi Police Station regarding the allegations from the residents of Manorama Nagar area. Since the detenu was residing nearby and brother of detenu Ashok Hiraman Bhoir was residing in Manorama Nagar, who is himself a notorious goonda and was detained under the provisions of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, as "slumlord" there was a tremendous tension among the residents of the locality and nobody came forward to depose the truth. However, the Senior Police Inspector of Kapurbavdi Police Station restored confidence among the people and assured them that their names and other identifying particulars will not be disclosed to the detenu and only two persons showed their willingness to depose against the detenu and accordingly their statements were recorded and that too-in-camera. Witnesses "a" and "b" were examined and their respective statements were recorded on 22-12-1997 as well as on 4-1-1998 respectively. A perusal of their statements referred to in the grounds of detention would disclose and provide ample corroboration on the several overt acts committed by the detenu and his associates during the relevant period which would affect the public order. As the same has been detailed in the grounds of detention from paragraphs 4 (c) (i) to 4 (c) (ii) we are not adverting to the same by replica of every line and the wordings.

(3.) HAVING perused and placed reliance upon the materials and prejudicial activities referred to above more carefully the 1st respondent arrived at a subjective satisfaction that the violent character and the criminal activities of the detenu adversely affects the maintenance of public order and the detenu is a dangerous person within the meaning of section 2 (b-1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (as amended 1996) (hereinafter referred to as "the Act") has passed the impugned detention order against the detenu which along with the annexures mentioned above were served on the detenu and aggrieved at this the father of the detenu who is the petitioner herein has filed this petition challenging the same.