Criminal Writ Petn. No. 1474 of 1993. Case: Smt. Asha Arun Gawali Vs A. Samra Commr. of Police. High Court of Bombay (India)
| Case Number | Criminal Writ Petn. No. 1474 of 1993 |
| Counsel | For Petitioner: Adhik Shirodkar with Rajendra Shirodkar, Advs. and For Respondents: R. P. Desai, Addl. Public Prosecutor (for Nos. 1 to 3) and J. C. Satpute (for No. 4), Advs. |
| Judges | H. K. Kantharia , J. and V. Sahai , J. |
| Issue | National Security Act (65 of 1980) - Section 3(2); Constitution of India - Article 22(5) |
| Citation | 1995 CriLJ 2250 |
| Judgement Date | March 24, 1994 |
| Court | High Court of Bombay (India) |
Judgment:
H. H. Kantharia, J.
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By this writ peti tion under Article 226 of the Constitution, the petitioner, who is the wife of one Arun Gawali (herein after referred to as "the detenu") impugns the deten tion order dated 27th September 1993 passed by the Commissioner of Police, Greater Bombay, in exer cise 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.
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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 Tardeo Police Station vide their C. R. 287 of 1990. Since the police had invoked the provisions of the Terrorist and Disruptive Activities (Prevention) Act, 1987, the detenu and other were produced before the Designated Court on 23rd July 1990 and were remanded to police custody. On completion of the investigation, they were charge-sheeted in two separate cases being TADA Special Case No. 42 of 1991 and TADA Special Case No. 51 of 1991. After of full-fledged trial in TADA Special Case No. 42 of 1991, the Designated Court vide its judgment and order dated 27th September 1993, acquitted the detenue and others and orders their immediate release. After the pronouncement of this judgment and on completing the necessary formali ties before the Registrar of the Sessions Court in Bombay, the detenue was taken back to Yerwada Central Prison. However, he was not released on that day on 28-9-1993 at about 9.00 a.m., he was arrived with a detention order dated 27th September 1993 passed by the 1st respondent, the Bombay Police Commissioner, under Sub-Section (2) of Section 3 of the National Security Act. By a separate order of the same date, the detenu was directed to be detained in Yerwada Central Prison at Pune. On 30th September 1993, the detenu was served with a copy of the grounds of detention in English and Marathi in Yerwada Central Prison. He was also served with the copies of the documents forming part of the compliation along with an index of documents in Marathi. A corrigendum of the detention order was served on him on 3rd October 1993 for some correc tion. Being aggrieved, the petitioner, who is the wife of the detenu, as stated above, invoked the writ jurisdiction of this Court under Article 226 of the Constitution by filing the present writ petition.
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A number of grounds are taken in the writ petition in order to challenge the constitutional validity and legality of the impugned detention order. However, it is not necessary to deal with all of them as the petition should succeed on a single ground that...
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