The High Court of Bombay rejected an application by a preventive detention detenu seeking temporary release to attend his brother's marriage at a Masjid. The court found no justification for interference given security concerns within the religious premises and the detenu's antecedents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1993 OF 2005
in
CRIMINAL WRIT PETITION NO.564 OF 2005
Shri Nasir Husain Noor. .. .. Applicant
(Detenu)
Vs.
Shri A.N.Roy,
Commissioner of Police, Mumbai,
and Others. .. .. Respondents
--
Shri U.N.Tripathi for the Applicant.
Shri D.S.Mhaispurkar, APP for the Respondents.
--
CORAM : R.M.S.KHANDEPARKAR &
P.V.KAKADE, JJ.
DATED : 23rd March, 2005.
P.C.
1. Heard. By the present application, the
applicant is seeking order for his temporary release
from the preventive detention so as to enable him to
attend his brother’s marriage scheduled to take place
on 25th March, 2005 at Noor Masjid, Trombay, Mumbai.
The application is objected to on behalf of the
respondents. Considering the antecedents of the
applicant-detenu, it may not be possible to have
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proper arrangement to enable the applicant to attend
the said marriage. Though the applicant seeks for
temporary release for two days, the learned Advocate
for the applicant has submitted that the applicant
would be satisfied if he is allowed to leave the jail
premises around 9.00 a.m. and to return to the jail
premises at 6.00 p.m. on 25th March, 2005.
2. Considering the fact that the marriage
ceremony of the brother of the applicant is scheduled
to take place within the premises of Masjid, the
learned APP has submitted that it may be virtually
impossible for the police to provide appropriate
escort to the applicant-detenu within the said Masjid
premises. Apart from the fact that the presence of
the police in the Masjid premises for marriage
ceremony may invite unhappy situation, it may be
difficult for the concerned authority to have proper
check as well as control over the law and order
problem which consequently may arise and that itself
would justify rejection of the request made by the
applicant. The learned Advocate appearing for the
applicant, on the other hand, has submitted that such
requests were earlier granted by this Court. There is
no need for the applicant’s case to be made an
exception to such practice.
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3. The question of grant of leave to the detenu
for attending the marriage of his brother is not
settled by any practice as such. Undoubtedly, there
may be cases where such leave might have been granted
in the past, depending upon the facts and
circumstances of those cases. Each such order has to
be passed depending upon the facts and circumstances
of each case. In the case in hand, already one
challenge to the order of detention by the applicant
has failed. Undoubtedly, the 2nd petition filed by
the applicant is yet to be considered on merits.
4. The detention of the applicant is under the
provisions of the Maharashtra Prevention of Dangerous
Activities of Slumlords, Bootleggers, Drug Offenders
and Dangerous Persons Act, 1981. The application made
by the applicant to the Government authorities for
temporary release to attend his brother’s marriage has
been rejected on 19th March, 2005. Hence, present
application has been filed.
5. Considering the difficulties expressed by the
respondents in providing necessary escort for the
detenu, within the premises of Masjid at Trombay,
Mumbai, for attending his brother’s marriage, and
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taking into consideration the antecedents of the
applicant, as revealed from the records as they stand
today, we do not find any justification for
interference in the order passed by the concerned
authority rejecting the application of the applicant
for temporary release for attending the marriage
ceremony of his brother nor we find any justification
to accede to the request of the applicant through his
Advocate for his release even for one day i.e. 25th
March, 2005. It is also to be noted that considering
the fact that the place which the applicant seeks to
visit for attending the marriage of his brother being
a religious place, the respondents’ contention about
the difficulty in providing appropriate escort all
throughout to the applicant during the marriage
ceremony inside the Masjid premises is certainly of
great substance, and therefore, we find it appropriate
not to accede to the said request by the applicant,
and hence the application is rejected.
( R.M.S.KHADEPARKAR, J )
(P.V.KAKADE, J )
2 issues framed by the court
Whether an order rejecting a detenu's application for temporary release to attend a brother's marriage should be interfered with.
Whether security difficulties within Masjid premises justify denying temporary release to a preventive detention detainee for a religious ceremony.
1 provisions across 1 enactments
Shri Nasir Husain Noor
Shri A.N.Roy
R.M.S.KHANDEPARKAR
P.V.KAKADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court