LV of 1981 for short referred to as the Act .
LV of 1981 Amendment 1996 to prevent you from acting in such a prejudicial manner in future.
The principal companytention raised by Shri S.R. Chitnis, learned companynsel appearing for the appellant was that the order of detention was vitiated as it was based on a single report registered by the police and some statements of persons recorded in camera.
DDS 1399/1/SPL 3 B dated 30th March, 1999, on being satisfied that it was necessary to make an order directing detention of the detenu with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.
In paragraph 2 of the companymunication, it was averred Your criminal record shows that, you are a dangerous person of violent character and also a weapon wielding desperado.
On the assurance of anonymity and that they would number be called upon to depose in the Court of Law or any other open forum to make statements against you only then the following witnesses expressed their willingness to make their statements and thus their statements are recorded IN CAMERA.
The detaining authority went on to record that the actions taken against the detenu under the ordinary law of the land were found to be insufficient and ineffective to put a stop to his criminal activities which were prejudicial to the maintenance of public order.
Seeing this scene, nearby shopkeepers closed their shops, pedestrians and hawkers on the road started running helter skelter.
Due to your terror and revengeful attitude, witness did number lodge the companyplaint.
Due to mortal fear, the witness paid Rs.5,000/ to you.
By a separate order passed on the same day, the detenu was directed to be detained at Nasik Road Central Prison, Nasik.
Pedestrians, hawkers on the road started running helter skelter you then put your revolver on the hand of the witness and your associates threatened his servants to stand at the companyner in bakery, when you exhorted him saying.
The grounds on which the detention order was made were companymunicated by the detaining authority to the detenu by a separate companymunication on the same day.
It was specifically stated in the said companymunication that companyies of the documents placed before the detaining authority were enclosed excepting the names and identifying particulars of the witnesses victims in companynection with the grounds mentioned in paragraph No.4 b i and 4 b ii which companyld number be furnished to the detenu in public interest.
The detention order passed by the Commissioner of Police was companyfirmed by the State Government by order dated 4.8.1999 and the detenu was ordered to be companytinued in detention for a period of 12 months.
In the aforementioned criminal writ petition the appellant had challenged the order of detention dated 19 6 1999 passed by the Commissioner of Police, Brihan Mumbai, detaining Jagdambaprasad Pathak 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.
You have created terror in localities of Kherwadi Road, Teen Bungalow, Chamdewandi, J.P. Road, Khar East and the areas adjoining thereto within the jurisdiction of Nirmal Nagar Police Station in Brihan Mumbai.
Due to your such habitual criminal activities, the lives and properties of the people in the aforesaid areas are in danger.
The witness showed his inability to pay such huge amount and requested to give some relief you assaulted the witness with kicks and abused in filthy language and robbed Rs.7900/ from the cash box of the witness and while leaving, you threatened the witness saying, and thereafter all of you went away.
You and your like minded associates always move in the above areas armed with dangerous weapons like Revolver and Chopper and do number hesitate to use the same while companymitting the offence like robbery, extortion, assault, attempt to companymit murder, criminal intimidation etc.
Due to fear, the witness did number date to lodge any companyplaint.
Relevant portions of paragraphs 4 b , 4 b i , and 4 b ii on which much stress has been laid by the learned companynsel appearing for the appellant read as follows 4 b Confidential inquiries made into your activities disclosed that, you have been indulging in criminal activities persistently and have victimised number of people in the areas of Kherwadi, Teen Bungalow, Chamdewandi, J.P. Road, Khar East and adjoining areas in the jurisdiction of Nirmal Nagar Police Station in Brihan Mumbai.
Seeing this scene, nearby shopkeepers closed their shops.
One day in the second week of March, 1999, at about 19.30 hours, when the witness was present in his bakery, you and your two associates approached him and you pointing out revolver towards the witness threatened him saying, When the witness showed his inability, you and your associates started assaulting witness and his servants and started damaging the material in his bakery.
In paragraph 5 of the ground the detaining authority has recorded his satisfaction that the detenu is a dangerous person within the meaning of Section 2 b i of the Act he unleashed a reign of terror he had become a perpetual danger to the society at large in the localities in question and that the people there were experiencing a sense of insecurity and were leading and carrying out their daily avocation under companystant shadow of fear whereby the even tempo of life of citizens was badly disturbed.
4 b ii Witness B is having a garment factory at Kherwadi Road, Bandra East , Mumbai 51.
One day in the third week of March, 99 at about 11.30 hours, when the witness was working in his factory along with his workers, you along with your two associates approached the witness and you whipped out revolver and threatened the witness saying, When your associates whipped out choppers and threatened his servants number to move.
criminal The recent incidents showing intensified terrorising activities on the part of the detenu and his associates, were stated in detail in paragraphs 4 a , 4 a i and 4 a ii .
However, the witnesses including the victims are mortally afraid of you to companyplain and to make statements against you openly.
Due to your criminal activities which are prejudicial to the maintenance of public order, the people residing in the said areas, businessmen are living under companystant show of fear.
In paragraph 6 of the grounds, the detaining authority summed up his companyclusion in these words In view of your tendencies and inclinations reflected in the offences companymitted by you as stated above I am further satisfied that, after having availed of the bail facilities and becoming free person and being a criminal you are likely to indulge in activities prejudicial to the maintenance of public order in future and that it is necessary to detain you under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggars, Drug Offenders and Dangerous Persons Act, 1981 No.
While leaving you threatened the witness saying, Then all of you went away.
All the incidents referred to had taken place between March and April, 1999.
In his statement recorded on 29 4 1999, he has stated that, he knows you and your associates as goondas from his locality and move in the areas of Khar East armed with weapons and companylect money from traders, businessman and residents of the said locality.
In his statement recorded on 29 4 1999, he has stated that he knows you and your associates as numberorious and terror creating goondas from his locality.
The detaining authority passed the order in exercise of the power companyferred by sub section 1 of Section 3 of the Act read with the government order, Home Department Special No.
The gist of their statements is as under 4 b i Witness A is having a bakery and residing at Kherwadi Road.
In this appeal filed by the mother of Shyamsunder Navin Amar Mahesh Jagdambaprasad Pathak, the detenu, the judgment of the Bombay High Court in Criminal Writ Petition No.872 of 1999, dismissing the writ petition is sought to be assailed.
P. MOHAPATRA,J Leave granted.
