WAKAR AHMED SIDDIQUI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this writ Petition preferred under Article 226 of The Constitution of India, the Petitioner who styles himself as the friend of the detenu Yamin Yasin Qureshi has impugned the detention order dated 25-8-1998 passed by the Second Respondent Mr. R. H. Mendonca, Commissioner of police, Brihan Mumbai detaining the detenu under sub - section (1) of section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (No. LV of 1981) (Amendment - 1996) The detention order along with the grounds of detention also dated 25-8-1998, was served on the detenu on 30-8-1998. The true copies of the detention order and the grounds of detention are annexed as Annexures A and C respectively to this Writ Petition. Since, in our view for the decision of this Writ Petition, it is not necessary to refer to the prejudicial activities of the detenu, contained in the grounds of detention, we are not adverting to them.

(2.) MS. Ansari learned counsel for the Petitioner has urged two grounds before us :- She firstly urged the ground which has been pleaded as Ground no. 5 (iv) in the petition. She secondly urged the ground which has been taken as ground no. 5 (vi) in the petition.

(3.) IN view of the statement of the detenu contained in the original file and referred to above, We are implicitly satisfied that the averments contained in ground no. 5 (iv) are without merit and those contained in para 10 of the return of the Detaining Authority are correct and on account of the documents being furnished to the detenu in Urdu, his right to make an effective representation under Article 22 (5) of the Constitution of INdia was not impaired.