AFTARI BEGUM GANI SHAIKH Vs. R D TYAGI

JUDGEMENT

(1.) THROUGH this petition under Article 226 of the Constitution of India the petitioner who is the mother of the detenu Mohammed Mushtafq Abdul Gani Shaikh has impugned the detention order dated 4th November 1996 passed by the 1st respondent, the Commissioner of Police, Mumbai, detaining the detenu under section 3 (2) of the National Security Act. The detention order dated 4th November 1996 along with the grounds of detention bearing the same date was served on the detenu on 29-5-1998.

(2.) WE have heard Mr. C. K. Talekar for the petitioner and Mr. S. R. Borulkar for respondents Nos. 1, 2 and 4. Mr. H. V. Mehta, learned Counsel for respondent No. 3 is absent.

(3.) SINCE, in our view, this petition deserves to be allowed on ground 8 (q) and for the adjudication of the said ground a reference to the prejudicial activities of the detenu contained in grounds of detention is not necessary, we are not adverting to them. Ground 8 (q), in short, is that on or about 17-6-1998 a representation on behalf of the detenu was forwarded to respondent No. 3, The Union of India; it was required to be disposed of expeditiously; and if there is any indifference in disposing of the same, the continued detention of the detenu would be rendered bad in law.