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1986 Supreme(SC) 455

R.S.PATHAK, V.KHALID
Anant Sakharam Raut: Leena Anand Raut – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
A.M.KHANWILKAR, A.S.BHASME, M.S.Gupta, R.S.Desai, S.V.DESHPANDEY, V.B.JOSHI

Judgment

V.KHALID, J.:- The same questions of law and facts are involved in these two cases. One is a Criminal Writ Petition under Art. 32 filed by the detenus wife and the other a Special Leave Petition filed by him against the judgment of the Bombay High Court rejecting his plea to quash the order of detention. Special leave granted. Both are being disposed of by this common judgment. We will refer to the detenu as the petitioner in this Judgment.

2. The petitioner was detained pursuant to an order of detention dated 15th Jan. 1986, issued by the Commissioner of Police, Bombay, who is respondent 2 herein under S. 3(2) of the National Security Act, 1980. The grounds of detention are given in Annexure-C. The detention is based on three incidents; one on 16-9-1985, the other on 1-12-1985 and the third on 25-12-1985; the offences involved in the three cases being 324 & 336, I.P.C., 324 & 506 (ii), I.P.C., and 452, I.P.C., respectively. There are three cases pending in respect of these three incidents.

3. The order of detention discloses that the people within the jurisdiction of Bandra Police Station in Greater Bombay are experiencing a sense of insecurity and fear to their lives due t






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