MEERABAI ISHWARLAL MALI Vs. R D TYAGI

JUDGEMENT

(1.) DETENU Vinod Ishwarlal Mali has been detained in pursuant to order dated 16th Dec. 1995 passed by 1st respondent in exercise of powers conferred under Section 3(1) of the National Security Act, 1980 with a view to preventing him from acting in a manner prejudicial to the maintenance of public order. The grounds of detention were simultaneously prepared on 16th December, 1995. However, detention order was executed exactly after one year i.e. on 16th December, 1996.

(2.) ON behalf of the detenu, several challenges have been raised in the petition, but Mr.Badole learned counsel appearing for the detenu essentially pressed the challenge raised in ground (C) of the petition. According to Mr. Badole though the order of detention has the validity of one year in normal course, in the present case order was served on the detenu after it had practically outlived its life. Mr. Badole argued that there has been no serious efforts on the part of the detaining authority for several months to take any effective measures to cause arrest of the detenu. He contended that it is the obligation on the detaining authority to satisfy the court as to what steps it had taken to effect service of the detention order on the detenu. Mr.Badole urged that there is inordinate and unreasonable delay between the order of detention and the date of arrest of the detenu which negatives the reality and genuineness of the subjective satisfaction of the detaining authority as regards necessity for detaining the detenu and therefore, order impugned is liable to be set aside on this ground.

(3.) RESPONDENTS have filed additional affidavit of Shri S.B.Renose, Asst. Inspector of Police to explain delay in execution of the detention order. It is stated in the affidavit of Shri. S.B.Renose that the detention order dated 16th December, 1995 was received by Agri Pada Police Station on 17th December, 1995. On the very next day, i.e. on 18th December, 1995 he himself accompanied by two police constables left to serve the order of detention on the detenu. However, detenu could not be traced. It is further stated that several attempts were made to serve the order of detention in December, 1995 as well as Jan. 1996 and Feb.1996. However, the attempts were unsuccessful as the detenu could not be traced. It is further stated that on 15th April, 1996, proposal was mooted by the Senior Police Inspector of Agripada Police Station to the Crime Branch (Preventive) P.C.B. C.I.D. Mumbai to take steps to issue proclamations against detenu under Sec. 7(1) of the National Security Act. It is stated accordingly proclamation was issued by the learned Additional Metropolitan Magistrate to 10th Court, Mazgaon, Mumbai on 13th July, 1996. It is then stated that in November, 1996 efforts were made to trace detenu in Calcutta with the help of Bhavanipura Police Station at Calcutta. Enquiries made by the police revealed that the detenu was not in Calcutta but he was in Mumbai. Finally in the combing operation conducted on 8th December, 1996 within the area of Agripada Police Station, detenu was apprehended, while he was found sleeping on the roof in Kanjarwada Slum.