SHAMIM REHMATKHAN Vs. V K SARAF

JUDGEMENT

(1.) This petition by the detenus mother questions an order of detention made on 12 December, 1988 under section 3(2) of the National Security Act, 1980 (No. 65 of 1980).

(2.) Nazakat alias Batla, a notorious bully from Vakola locality was murdered by some persons at Shastri Nagar in the jurisdiction of the Vakola Police Station. Batla was interrogated by P.S.I. Sawant prior to his death and at that time he named his assailants as Salim, Aziz, Ramesh and Dilip. This led to the registration of C.R. No 375 of 1988. In the same night Ramesh, one of the four named persons was nabbed by Vakola Police and on the basis of the information furnished by him, a Police posse formed a ring around room No. 3 of Miranda Chawl, Kalina-Kurla Road, Santacruz (East). This room is in the occupation of the detenu and it was raided because of the information that two of the assailants of Batla had taken asylum there. After reaching the room indicated the posses cordoned of the same. On the door of the room being knocked, a girl came to a window thereof and gave out that she was alone in the house. Despite the insistence of the Police, the lady declined to open the door. The answer given by the girl did not carry conviction as the Police could hear whisperings indicating the presence of males inside the room. A decision was taken to force open the room and search it. While the door was being banged, some of the members of the staff noticed the appearance of people on the roof of the building. The P.S.I. forming part of the posse and Constables took position on either sides of the roof and one of the persons sported thereon was the son of the petitioner. Petitioners son and his associates were requested to come down and surrender. Instead of complying with this demand, they flung tiles removed from the roof at the Police party. P.S.I. Marathe and Constable Bamne made movements suggestive of the desire to pursue the miscreants on the roof. To deter the Police party, the detenu fired from the revolver that he was carrying at Marathe and Bamne. The later sustained a bleeding injury. To protect himself and his companion, Marathe fired from his service revolver. Detenue returned the fire. This went on for sometime and it gave a chance to some of the associates of the detenu and the detenu himself to effect an escape. The incident gave rise to the registration of C.R. No. 376 of 1988. On 4 November, 1988, the detenu was arrested and on information furnished by him, a pistol loaded with three live bullets were seized. There was another hold up on 28 October, 1988 said to be the work of the detenus associates, the victim being Mukesh and Hiro. The criminals got-away with a gold chain and wrist watch. The gold chain was traced to one Abdul Hamid who admitted to having purchased the same from the detenu. Detenu applied for and was offered bail in both the-crimes-the bail amounts being fixed at Rs. 5000/- and Rs. 4000/- respectively. Citing these two grounds, the detaining authority recites:-

(3.) The order is assailed on various grounds which we consider below :---