Criminal Writ Petition No. 64 of 1994. Case: Sk. Samsher s/o Sk. Ramzan Vs State of Maharashtra and others. Bombay High Court

Case Number:Criminal Writ Petition No. 64 of 1994
Party Name:Sk. Samsher s/o Sk. Ramzan Vs State of Maharashtra and others
Counsel:For Petitioner: S. A. Jaiswal, Adv.and For Respondents: H. Ahmed, A.P.P. and served. M. G. and V. V. Bhangde, Advs.
Judges:M. B. Ghodeswar and R. M. Lodha , JJ.
Issue:National Security Act (65 of 1980) - Section 3; Constitution of India - Article 22(5)
Citation:1995 CriLJ 1411
Judgement Date:August 08, 1994
Court:Bombay High Court


M. B. Ghodeswar, J.

  1. The petitioner Sk. Samsher son of Sk. Ramzan has filed this petition under Article 226 of the Constitution of India, challenging the order of his detention passed by the Respondent No. 2, the Commissioner of Police, Nagpur on 8th December, 1993 under Sub-Section (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as the Act).

  2. The copy of grounds (Annexure No. 2) dated 8-12-1993 was served upon the petitioner on 10-12-1993. It is stated in the grounds that since the year 1982 the petitioner was continuously engaging himself in the commission of violent and desperate acts such as committing murder, robbing and threatening people at the point of knives and swords etc. He was also externed twice from the municipal limits of Nagpur City and Nagpur district for two years each time vide externment orders dated 25-5-1982 and 15-10-1984 respectively. The petitioner repeatedly violated the externment order and entered into the City and committed grave, violent and desperate acts and continued to create terror in the minds of people. With a view to preventing the petitioner from committing acts prejudicial to the maintenance of public order, he was detained five times under the Act by the Respondent No. 2 during the years 1986 to 1991. In spite of all these preventive actions, the petitioner continued in the commission of violent and desperate acts which are prejudicial to the maintenance of public order. Two crimes are registered against the petitioner:

    (1) Police Station Sadar - Crime No. 404/93 under Section 506 (b) of I.P.C.

    The incident took place on 20-10-1993 at about 15.00 hrs. in District Court premises. The complainant Rupendrasingh son of Balbirsingh Baxi, Resident of Kashmiri Galli, Police Station, Panchpaoli, Nagpur, owner of Dhaba, was brought in the Court of Chief Judicial Magistrate, Nagpur on arrest warrant by Panchpaoli police and while the complainant was standing in the corridor, the petitioner went there and threatened the complainant to kill. The petitioner after threatening went near Rupedrasingh to assault him but because of intervention of police, the petitioner could not succeed in assaulting the complainant. The reason behind this act was old rivalry and goondaism on the part of petitioner. As a result of this incident, feeling of insecurity and panic had spread in the Court premises. With a view to restoring public order, police had to keep vigil in the Court premises.

    The petitioner was arrested in this crime on 22-11-1993.

    (2) Police Station, Dhantoli - Crime No. 517/93 under Section 392 read with Section 34 of Indian Penal Code.

    The incident in this crime took place on 18-11-1993 at about 19.30 hrs. The complainant Rajendra son of Suryakant Mehta, Resident of Rahate Colony, Nagpur is an owner of grocery shop, situated at his house. At the relevant time, the complainant along with his wife, mother and children were present in the house. The petitioner along with his one associate went there and demanded cash of Rs. 500/-. When complainant said that he had no money, the petitioner whipped out his knife and held it against the stomach of complainant and threatened him giving filthy abuses. The petitioner also said that he was acquitted from murder case and that he was collecting amount of about Rs. 20,000/- to get his associates released. Due to fear, the mother of complainant gave the petitioner. Rs. 300/- and the petitioner forcibly took out her two gold bangles worth Rs. 12,000/- and then left the spot.

    On 13-11-1993 at about 18.00 hrs., the petitioner along with his 5-6- associates had gone to the shop of complainant in an auto-rickshaw and demanded Rs. 500/-. When the complainant did not oblige the petitioner, his associate had threatened "You have displeased Samsher. There is danger to your life at any time. I always keep 'katta' with me and will finish you at any time".

    It is alleged that due to this incident, the residents of Rahate Colony closed their doors and were afraid to come out. There was a general scare in the area. The police assured the residents of their total protection and launched an intensive search for the petitioner and his associate...

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