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1992 Supreme(Bom) 553

V.A.MOHTA, M.S.RANE
Anthony alias Sandy John Nigero – Appellant
Versus
S. Ramamurthi, Commissioner of Police for Greater Bombay and others – Respondent


Advocates appeared:
Raja Thakare with A. M. Chimbulkar, for Petitioner; Mrs. R. P. Desai, Addl. Public Prosecutor; J. C. Satpute with A. S. Khan, for Respondents.

JUDGMENT

V. A. MOHTA, J. :- This is a Habeas Corpus Petition by a detenu Anthony alias Sandy John Nigero under the National Security Act, 1980.

2. The three incidents - the gist of which is given below - formed the basis of the subjective satisfaction of the detaining authority.

(a) On 28-7-1991 at night, the detenu, his other associate including co-detenu Ninad Mayekar (Petitioner in the connected Writ Petition No. 1185 of 1992) armed with knife/choppers questioning Bala Kawathankar as to why he was reporting to the police against them, abused him and assaulted with knife and the blunt sides of choppers. When his friend Raja tried to intervene, detenu and his other associates pushed him and tried to assault Raja with choppers. Raja got scared and started running. He was chased and attacked with choppers injuring him on his left elbow. The detenu and other associates threatened Raja that his intestine will be taken out in case he reported the matter to the police. The people on the road got scared and ran helter skelter. Bala as well as Raja were taken for medical treatment. An offence under Section 324 read with Section 34 of the Indian Penal Code was registered against the detenu an










































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