NAZIA YUNUS ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Petition is filed by the Petitioner for issuance of Writ of Habeas Corpus or any other writ, order or direction to release the Petitioner's husband Yunus @ Pakya Babu Ansari (hereinafter referred to as the 'detenu'). The Petitioner is seeking quashing of the detention order bearing no.TC/PD/MPDA/05/2018 dated 28/06/2018 passed by the Respondent No.2. The Respondent No.1 is the State of Maharashtra and the Respondent No.3 is the Superintendent of Nashik Road Central Prison where the detenu is detained pursuant to the order of detention.

(2.) Along with the order of detention dated 28/06/2018, the detenu was served with the grounds of detention dated 28/06/2018. It was mentioned in those grounds that the detention order was passed by the Respondent No.2 under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootletters, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black-marketing of Essential Commodities Act, 1981 (Maharashtra Act No.LV of 1981), (Amendment-1996), (Amendment-2009), (Amendment-2015) (hereinafter referred to as 'MPDA'). It was mentioned in the said communication that he was a dangerous criminal and had become perpetual danger to the lives and properties of the people residing and carrying out their daily vocations in the areas within the jurisdiction of Shantinagar Police Station in Thane Commissionerate. It was mentioned, inter alia, that the detenu's activities were prejudicial to the maintenance of public order, peace and tranquility in those localities. The list of various offences is mentioned in paragraph 3 of the said communication formulating grounds of detention. Paragraph 4 of the said communication mentions 2 registered offences and paragraph 5 mentions 2 statements recorded in-camera of the witnesses who were not willing to come forward to give complaint against the detenu.

(3.) In paragraph 4(a), the detaining authority has mentioned particulars in respect of C.R.No.I-38 of 2018 registered at Shantinagar Police Station under Sections 324, 323 and 504 of IPC read with Sections 3 and 7 of Criminal Law Amendment Act. It is mentioned that complainant Nabeel Jamil Shaikh had given statement in I.G.M. Hospital, Bhiwandi. It is further mentioned that on 03/02/2018 at 12.30 midnight, Nabil was searching for his cousin Tanjim Ismail Shaikh. He saw Tanjim in an intoxicated condition abusing the detenu. There was a quarrel, the detenu got annoyed and assaulted the Complainant and Tanjim. The detenu assaulted the complainant on his left forehead with a sharp object and on right shoulder of Tanjim with the same object. In the supplementary statement, the Complainant mentioned that during the incident, the crowd ran helter-skelter as the detenu threatened the crowd with his knife. The detenu was arrested on 17/02/2018 in connection with this offence and was released on bail on 18/02/2018.