JUDGMENT - V.A. MOHTA, J.:---This is a Habeas Corpus petition by the brother of Shri Surendra Shetty a detenu detained under the National Security Act (N.S. Act) by an order of detention dated 5-3-1992.

2. Following points are raised by Shri Shirodkar, learned Counsel for the petitioner.

I. Opening paragraphs 1 to 3 of the grounds of detention indicate that (a) the detenu was externed from the limits of Greater Bombay and Thane Districts for a period of two years under the Bombay Police Act. (b) He was detained under the N.S. Act in the year 1984 and 1986. These paragraphs are also grounds upon which subjective satisfaction of detaining authority is based. The orders of externment and detention were subsequently quashed, they were not brought to the notice of the detaining authority. They have the potentiality of influencing the subjective satisfaction of the Detaining Authority one way or the other and hence this feature vitiates the order of detention.

II. There has been an inordinate and unexplained delay in passing the detention order which vitiates the order.

III. The incidents mentioned in the grounds are not prejudicial to the maintenance of the public order.

3. The gist of the incidents upon which, according to the Detaining Authority his subjective satisfaction is based is :

A. On 15-10-1991 at 23.00 hours Shamshankar Jadhav complained to the police that in the morning the detenu and his associates Nadir Shaikh and Arun Ghaiwat had called him from a Pan Shop, the detenu suddenly whipped out a Chopper and put it at his stomach, other associates banged an aerated water bottle on his head, injured him, and dragged him in the hotel room where the detenu and his associates gave blows of blunt side of Choppers. Jadhav was screaming but none from the locality dared to come to his help. His condition became serious, he was confined in the room till 16.00 hours and then taken in a Car into a Nursing Home in Thane. Jadhav sent a chit from that Nursing Home to his residence through a lady. When the detenu and his associates learnt about this, Jadhav was removed from the Nursing Home again in a Car and was dropped near Mulund Naka. The reason for the assault was that Jadhav had advised one Santosh and Badewal to report to the police the threats given to them by the detenu. Jadhav was sent to Mulund General Hospital for treatment. A case under sections 365, 326, 342, 506(ii) r/w 34 I.P.C. was registered against the detenu and his associates in Mulund Police Station. The detenu and the associates were arrested on 19-10-1991. They admitted the assault. The Metropolitan Magistrate, Vikhroli released them on bail.

B. The localities of Gautamnagar, Sidharthnagar, Babu Jagjivanram Zopadpatti, Dumping Road, Mulund were the areas of operation of the detenu, who is a weapon wielder desperado and a gangster. He has created terror in the localities due to which even the victims of his criminal activities did not dare to speak against him. On the assurance that their names and particulars would be secretly guarded, the statements pertaining to following three incidents were recorded in camera.

(i) On 28-9-1991 a resident of Babu Jagjivanram Nagar was passing by the locality in the evening. He was way-laid by the detenu and his associates Nadir and others. Nadir was carrying a sword and the detenu a pocket knife. On the point of these weapons the resident was abused and robbed of Rs. 5000/-. The resident was warned against informing the Police.

(ii) On 28-9-1991 at about 23.00 hours a resident of Gautam Nagar, Dumping Road, Mulund was returning home and was carrying 'Diwali Bonus'. He was way-laid by the detenu and his associates. A sum of Rs. 3000/- was demanded from him. The resident said that he had no money, on which the detenu whipped out a knife. The associate whipped out a chopper, and thereafter robbed him of Rs. 2000/- which he was carrying in his pocket.

(iii) On 1-11-1991 at about 21.30 hours, a businessman residing at Tamb

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