BALKRISHNA BHAGWAN PARAB Vs. R M MENDONCA

JUDGEMENT

(1.) AN order of detention was passed by the first respondent Mr. R. H. Mendonca, Commissioner of Police, Greater Bombay, on 11-12-98 whereby the petitioners son Pritam alias Gotya Balkrishna Parab was detained by invoking the provisions of section 3 (1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981, as a dangerous person. The order of detention was served on the detenu on the next day itself i. e. on 12-12-98 along with the grounds of detention as also dated 11-12-98, which are under challenge in this writ petition.

(2.) THE grounds of detention mainly founded on one C. R. No. 314/98 registered by Dadar Police Station and two in camera statements of witnesses A and B. Mr. Kuldip Patil though raised several contentions in the writ petition has pressed before us only two points. Firstly he contended that allegations contained in the aforesaid C. R. does not disclose the prejudicial activities of the detenu effecting the public order so as to confer power on the first respondent to invoke section 3 (1) of the Act. He contended that only in camera statement of the witnesses show the activities of the detenu effecting the public order. He contended that when C. R. is not disclosed necessary grounds for invoking the provisions of section 3 (1) merely relying on the in-camera statements, is not safe and legal to pass a detention order against the petitioner as it lacks any material to do so. He also referred in order to fortify his argument, a decision rendered by Division Bench in Cri. W. P. No. 354/99 dated 10-8-99. We have examined the contention of the petitioners Counsel. For the better appreciation of the contention of the petitioners Counsel, it is necessary to extract the allegation contained in the C. R. , as enumerated in ground 4 (A) of the grounds of detention. 4 (a) Shri Navin Murji Shah, aged 48 years, is a resident of Tulsibag Building, 8/7 Chandavarkar Marg, Borivali, Mumbai 400092. He is dealing in readymade garments and has a shop at Suraj Building, A/16 below Elphinston Bridge, Mandulkar Marg, Parel, Mumbai. His son Jatin Shah, aged 22 years, assist him in the said business. " 4 (a) (i) on 31-8-1998 at 13. 10 hours, Shri Jatin Navin Shah left his house to go to his business firm. He reached there at 15. 00 hours. At 15. 15 hours your associate Babaji Pol alias Bandya went to his shop and asked Jatin Shah to close the door. Your associate Babaji Pol alias Bandya further threatened Jatin saying that he was a gangster from Amar Ashwin Naik gang and said that he was paid Rs. 5 lakhs as Supari to eliminate Jatin Shah. Your associate further said that the amount was given by a person to do away with him. At this juncture, you went there and threatened Jatin Shah to accompany you your associate quietly, else he would be killed. Jatin Shah got scared and followed you and your associate along with Jatin Shah reached Elphinston Road, your other associate Rajesh Devraj Naidu who was standing there stopped a motor taxi and forced Jatin Shah to sit in it and you and your said two associates took him to a blue coloured chawl like building at Arthur Road. Jatin Shah was made to sit in the open courtyard and was informed in Hindi. v?h gekjk ?k? ?;ssxk o? t? ?h iqnsssssxk mldk tokc lgh nsusdk] ugh rks rq> s ekj Mkysaxka You and your associate also asked Jatin Shah to give his written statement as per the request of your leader, other wise he would be killed. Within half an hour, your leader Nagesh Prabhakar Karande, whom you and your associates referred as Bhai came to the place and threatened Jatin Shah that he was paid Rs. 5 lakhs to kill Jatin Shah and that if he could give you and your associates Rs. 5 lakhs he would be spared. Your associate Nagesh Karande gave a mobile phone in the hands of Jatin Shah and threatened him to phone to his house his father ask him to bring Rs. 5 lakhs as ransom for Amar Naik gang and the said amount to be brought by 20. 00 hours or Jatin Shah would be killed. Thereafter, you and your associates forced him to make such a telephone call and took back the mobile phone from him and threatened Jatins father to bring the amount near Santoshi Mata Temple at Arthur Road Naka, Jatin Shahs father Navin Shah agreed to pay the amount on phone and disconnected the phone. " 4 (a) (ii) After the receipt of the said first telephone call a 16. 45 hours on Phone No. 8087206 installed in Navin Shahs house, Shri Navin Shah rang to the garment firm on Phone No. 4138304 and enquired about Jatin Shah. A servant Rajesh informed him that Jatin Shah was kidnapped by three persons at 15. 30 hours from the garment shop. Thereafter, Navin Shah consulted his well wishers who advised him to report the matter at Kalachowki Police Station. Hence Navin Shah, his wife Smt. Damayanti and son-in-law Shri Ratan reached Parel by motor taxi and asked traffic police at Bharat Mata junction as to where was police chowki. The traffic police gave him the address of Lalbaug Police Chowki. Navin Shah and others then met D. C. P. Zone-III at Lalbaug Police Chowki and informed that his son Jatin Shah was kidnapped. D. C. P. Zone-III directed Police Inspector Shri Pereira of Kalachowki Police Station to record his statement and to pursue enquiries. Accordingly Kalachowki Police Station registered an offence under section 364, 387, 34 I. P. C. vide C. R. No. 00/98 on 31/08/1998 at 20. 35 hours.

(3.) IT is true that the allegation contained in C. R. does not expressly state that the prejudicial activities of the petitioner caused sign of terror in the public and public has run helter and skelter etc. so as to show the public order is imparied. But on analysing the facts contained in C. R. , we find that the prejudicial activities of the petitioner is likely to cause public danger and his activities will be threat to the public order. It is stated in the C. R. that at about 15. 15 hours on 31-8-98 the detenus associates Babaji Pol alias Bandya went to the shop of Jatin Navin Shah and asked him to close the door. Further the detenus associate Babaji Pol alias Bandya threatened Jatin, saying that he was a gangster from Amar/ashwin Naik gang and said that he was paid Rs. 5 lakhs as supari to eliminate Jatin Shah, and the detenu and his associate thereafter threatened Jatin Shah to accompany them quietly otherwise he would be killed. Jatin Shah got scared and followed the detenu and his associate. Then when detenu and his associate reached Elephinston Road, stopped a motor taxi and forced Jatin Shah to sit in it and detenu and his associate took him to a blue coloured chawl like building at Arthur Road. Jatin Shah was made to sit in the open courtyard and conformed him in Hindi. v?h gekjk ?k? ?;ssxk o? t? ?h iqnsssssxk mldk tokc lgh nsusdk] ugh rks rq> s ekj Mkysaxka and threatened to give his written statement as per the request of the leader Nagesh Prabhakar Karande as Bhai came to the place and threatened Jatin Shah that he was paid Rs. 5 lakhs to kill Jatin Shah and that if he could give another Rs. 5 lakhs, he would be spared. Thereafter the detenu and his associates forced Jatin Shah to make a telephone call to his father and threatened the father to bring the amount near Santoshi Mata Temple at Arthur Road Naka, and Jatin Shahs father had agreed to pay the amount on telephone. Activities narrated in the C. R. will likely to create panic and reign of terror in the public. Because the offence was committed in a public place in a broad day light. The owner of the shops was asked to close the door. Therefore, the manner in which the offence was committed will definitely affect the public order though in so many words the public reaction to the offence has not been stated in the grounds of detention.