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1994 Supreme(Bom) 137

H.H.KANTHARIA, VISHNU SAHAI
Asha Arun Gawali – Appellant
Versus
A. Samra, The Commissioner of Police for Greater Bombay and others – Respondent


JUDGMENT - H.H. KANTHARIA, J.:---By this writ petition under Article 226 of the Constitution, the petitioner, who is the wife of one Arun Gawali (hereinafter referred to as "the detenu") impugns the detention order dated 27th September, 1993 passed by the Commissioner of Police, Greater Bombay, in exercise of the powers conferred upon him by sub-section (2) of section 3 of the National Security Act, 1980 (hereinafter referred to as "the said Act"), with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.

2. The detenu, along with six others, was arrested by the Officers of the Crime Branch, Bombay, on 20th July, 1990 in connection with an offence of murder registered at the Tardeo Police Station vide their C.R. No. 287 of 1990. Since the police had invoked the provisions of the Terrorist and Disruptive Activities (Prevention) Act, 1987, the detenu and others were produced before the Designated Court on 23rd July, 1990 and were remanded to police custody. On completion of the investigation, they were chargesheeted in two separate cases being TADA Special Case No. 42 of 1991 and TADA Special Case No. 51 of 1991. After a full-fledged trial









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