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2007 Supreme(Bom) 360

IN THE HIGH COURT OF JUDICATURE AT ;) BOMBAY
Smt. RANJANA DESAI & ANOOP V. MOHTA, JJ.
Shri. Ajay Singh @ Pappu Govardhan Singh
versus
Shri. D. Shivanandhan, Commissioner of Police
Criminal Writ Petition No.1595 of 2006
Decided on:13th March, 2007.

Subject

Detention - Delay in Communicating Rejection of Representation

Act Referred

CONSTITUTION OF INDIA : Art.22(5)
MAHARASHTRA PREVENTION OF DANGEROUS ACTIVITIES OF SLUMLORDS, BOOTLEGGERS, DRUG OFFENDERS AND DANGEROUS PERSONS ACT : S.3

Headnote

Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons Act, 1981 - Section 3 - Constitution of India, Article 22(5) - Detention - Order of - Representation made by detenu - Rejected by State Government - Order rejecting representation must be communicated to detenu immediately - Delay in communicating rejection order vitiated continued detention - Detention order cannot be sustained - Set aside. - Court also noted that the reliance placed by the APP on Shadab Siddiq Khan ’s case 2006 All MR (Cri) 806 is misplaced. In that case there was no grievance about delay in considering the representation o r delay in communicating the rejection reply to the detenu. In that case, it was argued that there was a request for supply of documents as well as for revocation of detention order. Request for revocation was rejected on 10.12.2004. However, detenu’s request for supply of vital documents was not considered and he was directed to contact the Commissioner of Police. There was, thus, piecemeal consideration of his representation. It was argued that there was delay in considering the detenu’s request for supply of documents. In that context, it was held that the State Government was right in considering the prayer for revocation expeditiously. So far as supply of documents is considered, it was observed that though the detenu was asked to contact the Commissioner of Police, the State Government asked the Commissioner to translate the documents and supply them to the detenu’s advocate and they were is fact supplied. The argument that there was delay in furnishing documents or that the State Government had failed in its duty was rejected. The Court observed that though there is no prescribed format of a representation when the representation is submitted through a lawyer, it should be clear and unambiguous. It was observed that assuming that a representation making dual prayer can be sent by a detenu, he cannot contend that there was a piecemeal consideration of representation because if prayer for revocation is not considered and it is kept pending for consideration of request for supply of documents it will be argued that prayer for revocation was not considered expeditiously. This judgment is not applicable to the present case because the same point is not involved here. Here there is no question of piecemeal consideration of representation. Prayer for revocation was considered but rejection reply was not communicated as was done in Parveen Iqbal ’s 2006 All MR (Cri) 92. The State Government processed the request for supply of documents and then communicated the composite reply on 28.6.2006 informing the detenu that his prayer for revocation was rejected and so far as his request for documents is concerned, they were already supplied to the petitioner. The State Government could not have done so. The rejection reply ought to have been communicated to the petitioner on 17.6.2006 when the representation was rejected. The judgment of the Court in Shadab Siddiq’s case, 2006 All MR (Cri) 806 is, therefore, not applicable to the present case. The delay in communicating the rejection reply is fatal to the continued detention. The detention order will have to be set aside on that count.

Advocates:
Advocate Appeared
Mr. U.N. TRIPATHI, for the Petitioner.
Ms. A.S. PAI, A.P.P. for the State.

Judgment

Smt. RANJANA DESAI, J.:- The petitioner is detained under the of detention dated 8-5-2006 issued under the provisions of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (for short, "the said Act"). The order of detention is issued by respondent 1 the Commissioner of Police, Thane, with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public order. The order of detention along with the grounds of detention and the material in support thereof was served on the petitioner on 13-5-2006 and the petitioner was detained. In this petition there is a challenge to the said order of detention.

2. The order of detention rests on one C.R. being C.R. No.1-50 of 2006 registered under sections 452, 323, 504(II), 427 read with section 34 of the Indian Penal Code (for short, "IPC") at U1hasnagar Police Station. In connection with this case, the petitioner was arrested on 14-3-2006. He was ordered to be released on bail on 15-3-2006. He availed of the bail facility on the same day. The detention order also rests on two in-camera statements.

The in-camera statements of witnesses "A" and "B" were recorded on 10-3-2006. In his statement, witness "A" has stated about an incident which had taken place on 4-3-2006 in which the petitioner is involved. In his statement, witness "B" has deposed about an incident which had taken place on 5-3-2006 in which the petitioner is involved. The incidents at alleged in the grounds of detention indicate that the petitioner is indulging in extortion activities at On the basis of the said incidents and the Sc material in support thereof, the detaining authority was satisfied that the petitioner has become a menace to the society and his activities have unleashed a waive of terror in the area. He was further satisfied that with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public e order, it is necessary to detain him. Hence, he issued the impugned order of detention.

3. We have heard Mr. Tripathi, the t learned counsel appearing for the petitioner. Mr. Tripathi assailed the impugned order only on one ground. He submitted that the detenu had addressed a representation dated 5-6-2006 to the State Government through his lawyer. In that representation, the detenu has also made a request for supply of certain documents. The said representation was rejected by the State Government on 17-6-2006. However, the rejection reply was communicated to the petitioner's advocate on 28-6-2006. The learned counsel urged that there is no acceptable explanation for delay in communication and, hence, the impugned order of detention deserves to be set aside.

4. In this connection, the learned counsel relied on the judgment of this court in Criminal Writ Petition No.295 of 2005 (Parveen Iqbal Mandai Vs. M. N. Roy & Ors.) (since reported in 2006 ALL MR (Cri) 92) decided by the Division Bench of this court (S. B. Mhase and S. R. Sathe, JJ.) dated 16-8-2005. The learned counsel urged that it is open to the detenu to make a representation combining two prayers. He can request for revocation of detention order and he can also pray for supply of documents. In this connection, the learned counsel relied on the judgments of the Supreme Court in Smt. Shalini Soni Vs. Union of India & Ors., AIR 1981 SC 431 and Kubic Darusz Vs. Union of India & Ors., (1990)1 SCC 568.

5. We have also heard Ms. Pai, the learned A.P.P. for the State. She drew our attention to the affidavit of Mr. D. Sivanandhan, the Commissioner of Police, Thane and the affidavit of Mr. W.H. Bansode, the Under Secretary to the Government of Maharashtra, Home Department (Special), Mantralaya, Mumbai. The learned A.P.P. submitted that the petitioner had requested for supply of documents. Therefore, though his representation was rejected on 17-6-2006, the communication was sent on 20-6-2006 after examining his requ

















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