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1990 Supreme(Online)(Bom) 4

BOMBAY HIGH COURT
Pendse, Tipnis, JJ
Robin alias Robert Sanna Joseph – Appellant
Versus
Commissioner of Police, Greater Bombay – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Chitnis
For the Respondents: Mr. Kachare

1. One Robin alias Robert Sanna Joseph came to be detained pursuant to the order of detention dated 20th January, 1989 issued under S.3(2) of the National Security Act, 1980 by the 1st respondent - the Detaining Authority. This detention order was served on the detenu on 31st January, 1989.

2. The 1st respondent is the Detaining Authority - Commissioner of Police, Greater Bombay. The 2nd respondent is the State of Maharashtra and the 3rd respondent is the Union of India. At the outset, it must be stated that this writ petition is filed by the detenu himself under Art.226 of the Constitution of India . The Vakalatnama which is on record is signed by the detenu. But, however, the writ petition has been sworn by one Mohan Gangadhar Mohite, who claims to be next friend of the detenu. The writ petition, therefore, is not sworn by the detenu himself. In the body of the writ petition, no - where the next friend has set out as to what is the source of his knowledge to state that contents of paragraphs 1 to 6, 8 and 9 are true to his own knowledge. This only indicates the casual approach in filing the habeas corpus petition. This, however, does not come in our way in disposal of the writ














































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