ROBIN Vs. V K SARAF BOMBAY

JUDGEMENT

(1.) ONE Robin alias Robert Sanna Joseph came to be detained pursuant to the order of detention dated 20th January, 1989 issued under S. 3 (2) of the National Security Act, 1980 by the 1st respondent - the Detaining Authority. This detention order was served on the detenu on 31st January, 1989.

(2.) THE 1st respondent is the Detaining Authority - Commissioner of Police, Greater Bombay. The 2nd respondent is the State of Maharashtra and the 3rd respondent is the Union of India. At the outset, it must be stated that this writ petition is filed by the detenu himself under Article 226 of the Constitution of India. The Vakalatnama which is on record is signed by the detenu. But, however, the writ petition has been sworn by one Mohan Gangadhar Mohite, who claims to be next friend of the detenu. The writ petition, therefore, is not sworn by the detenu himself. In the body of the writ petition, no-where the next friend has set out as to what is the source of his knowledge to state that contents of paragraphs 1 to 6, 8 and 9 are true to his own knowledge. This only indicates the casual approach in filing the habeas corpus petition. This, however, does not come in our way in disposal of the writ petition on merits. Various contentions have been raised before us and in order to appreciate the same it would be necessary to set out the grounds of detention formulated by the Detaining Authority. The grounds of detention read as under :

(3.) MR. Chitnis, learned Counsel appearing in support of this petition urged that some of the incidents relied upon by the Detaining Authority in the grounds of detention are hopelessly stale and in particular he drew our attention to the incidents in Grounds Nos. I, II and III. He also urged that the incident dated 3-8-1988 referred to in Ground No. III is not only stale but also pertains to law and order and, therefore, on that ground, the detention order must fail. With regard to Grounds Nos. IV and V in the Grounds of Detention, the counsel urged that at best these incidents fall within the domain of law and order and not public order. This ground has been taken in paragraph 7 (A) (B) (C) and (H) of the petition. We are, however, unable to accept this contention for various reasons. The very first incident took place on 3rd March 1988, which shows that at 23. 20 hours while Rajendra Parmar was proceeding along Dr. Ambedkar Road in order to go to witness the 'holi' celebration at the junction of 13th and 19th Road, Khar. Bombay, at that time detenu was also proceeding along Dr. Ambedkar Road in the opposite direction, along with his friend Sushil. When Rajendra Parmar reached near the Hanuman temple opposite Kalidian Chawl, detenu deliberately gave a push to Rajendra Parmar. When he asked as to why he gave push the detenu started abusing. In that incident, the detenu pulled out a knife hidden under his shirt tear waist and gave a blow with it on the left leg of Rajendra Parmar. Injured Rajendra was removed to Bhabha Hospital for treatment as he sustained serious injuries. An offence in that behalf came to be registered by Bandra Police Station. This clearly indicates that for no fault of Rajendra, the detenu and his associate Sushil picked up quarrel with him and thereafter caused injuries to him with knife. The second incident in the grounds of detention recites that on 1-5-1988, at about 20. 30 hours, when one Pramod Kadam along with his minor son and others including the detenu and his associate Nitesh Kasare were dancing in a marriage party and were proceeding along Dr. Ambedkar Road, Khar West, Bombay, and when the marriage procession was proceeding along Goregoan wine shop, the detenu suddenly took out a chopper concealed near his waist and gave a blow with it on the left leg of Pramod Kadam, suspecting him to be police informant. The associate of the detenu assaulted Kadam with fist blows and kicks. Pramod Kadam was injured and was taken to the Cooper Hospital for medical treatment. A case been registered in that behalf against the detenu and his associate at Bandra Police Station. The incident referred to in the Ground No. III is that on 3rd August 1988 when Head Constable Bapu Ghate along with police staff was patrolling in Shastri Nagar at Bandra (West), from 19. 15 hours and when the police party was near the BEST Bus stop Route No. 211, opposite Bandra Railway Station at about 1 a. m. (on 4-8-1988) they noticed the detenu and his associates viz. Nitesh Kasare Jaywant Khedekar and Rajendra Pilly moving with choppers in their hands. The pedestrians on seeing the choppers in the hands of the detenu and his associates got frightened and started running hither and thither. The police party overpowered them and seized choppers and an offence came to be registered against the detenu and his associates under S. 37 (a) of the Bombay Police Act, 1951. The 4th incident took place on 8th November, 1988 at about 15-15 hours, while Rajendra was attending to his pan shop at the corner of 13th Road and 18th Road, Opposite K. M. Colony, Bandra West, Bombay, the detenu at that time was armed with a chopper and his associate Nana alias Mangesh Mohite, armed with a hockey stick and Nitesh Kasare armed with a sword, Alex alias Dosa Joseph armed with a sword went to Rajendra Sawant. The detenu enquired with Rajendra Sawant about the whereabouts of Vidhyadhar Jadhav and his associates. Since Rajendra Sawant did not give expected reply the detenu and his associates completely damaged the panshop of Rajendra Sawant with lethal weapons in their hands. At that time, the detenu put the chopper on the chest of Rajendra Sawant while his associate Nitesh Kasare put a sword on the chest of Rajendra Sawant and threatened him that if he (Rajendra Sawant) did not give information, about Vidhyadhar and his associates, he (Rajendra Sawant) would be killed with these weapons. Seeing this assault on Rajendra Sawant, customers near the panshop ran away due to fear. The residents of the locality also closed their doors seeing the detenu and his associates armed with these lethal weapons. In this connection also, crime has been registered by Bandra Police Station. The 5th incident took place on 18th December, 1988 at about 21-45 hours, while one Pratap Sawant who was waiting in the verandah of Telwadi Chawl, at Dr. Ambedkar Road, Khar West, for fetching water from the common water tap of the chawl, the detenu and his associates : (1) Nitesh Kasare (2) Alex alias Dosa Joseph and (3) Jijya, all having hockey sticks passed by the room of Pratap Sawant. When the detenu asked Pratap Sawant as to why he was staring at him (the detenu) and his associates, Pratap Sawant denied this fact. The detenu and his associates thereupon assaulted Pratap Sawant with hockey sticks. During this assault, one Pramod Kadam and his sister Shobha tried to intervene when the detenu and his associates also assaulted Pramod Kadam by hockey sticks and thereafter they fled away. All these activities if taken together, in our opinion, clearly establish criminal potentialities of the detenu who was moving with lethal weapons with his associates and found attacking and/or assaulting innocent persons without any fault on their part. Some victims have sustained serious injuries and were required to be hospitalised for medical treatment. If these incidents are taken together, it cannot be said that these activities fall within the domain of law and order and not public order. The peace loving citizens in the area are constantly under shadow of terror. They are very much scared and even tempo of life is disturbed. By assaulting innocent persons, the detenu and his associates have created a terror in the locality and as a result thereof, residents in that locality are under constant shadow of terror. In these circumstances, it cannot be said that the Detaining Authority committed any error in reaching a subjective satisfaction that the above referred criminal activities fall within the domain of 'public order' and not 'law and order'.