ASIABI ABDUL SATTAR KHAN Vs. HASAN GAFOOR

JUDGEMENT

(1.) Writ Petition No.2093 of 2008 has been filed by the mother of Detenu challenging the order of detention passed on 23.6.2008 executed on 24th June, 2008. Another Writ Petition being No. 2132 of 2008 is filed by the Detenu himself, challenging the same order of detention dated 23.6.2008 passed by the Commissioner of Police, Brihan Mumbai (the Detaining Authority) Therefore, both the writ petitions are disposed of by this order.

(2.) The Detenu had been arrested in C.R. No. 64 of 2008 on 7.3.2008 and in C.R. No. 65 of 2008 on 8.3.2008 respectively registered by Shivaji Nagar Police Station, Mumbai. In both the crimes he was admitted to bail on 15.3.2008. However, the Detenu could avail bail only in one crime on 28.3.2008.

(3.) The grounds of detention served on the detenu disclose that the Detaining Authority relied upon these two cases and also two incamera statements. The incamera statements were recorded on 16th and 17th May, 2008, when already the Detenu had been ordered to be bailed out though he had not availed the bail till that date.