SURESH KACHER VAITY Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this Criminal Writ Petition, the Petitioner, Suresh Kacher Vaity, has challenged the order of detention passed against him by the Commissioner of Police, Thane as the detaining authority under Sub-Section (2) of Section 3 of the National Security Act, 1980 (Act No. 65 of 1980 ).

(2.) SHRI Lonkar, the learned Advocate appearing on behalf of the detenu, has impugned the order of detentian on numerous grounds. We shall briefly deal with each one of those submissions. The first submission made by Shri Lonkar was that the detaining authority had placed reliance an certain grounds of detention which had been prepared for an earlier order of detention passed against the detenu. Shri Lonkar pointed out that an order of detention had been passed against his client on 20-1-1985. Shri Lonkar contended that whilst passing the present order of detention, the detaining authority had relied on instances which had been mentioned in the history-sheet and which instances formed part of the previous order of detention.

(3.) NOW, we have perused the order of detention passed against the detenu, which spans over ten full-scap sheets, with some care. The detaining authority has taken into account and relied on certain instances involving the detenu commencing from 17-4-1989 to 25-7-1989. The detaining authority has taken only those incidents which had occurred within a period of three months prior to the order of detention into his consideration. We do not find any reference in the grounds of detention to any of the incidents which had occurred beyond April 1989. Therefore, the submission made by the learned Advocate appearing on behalf of the detenu does not appear to be justified.