Mehrunnissa Mushtaq Sayed v. The Union Of India Through The Director General And ORS

920(3)-WP-5370-2017.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5370 OF 2017 Mehrunnissa Mushtaq Sayed } Petitioner

Versus

The Union of India & Others } Respondents Ms. A.M.Z. Ansari with Ms. Nasreen S.K. Ayubi for the petitioner Mrs. Aruna Pai for the respondent Nos. 1 and 2 Ms. M. H. Mhatre - AGP for State CORAM :- S. C. DHARMADHIKARI & PRAKASH. D. NAIK, JJ.

DATED :- APRIL 27, 2018 OPERATIVE ORDER :- 1.

For the reasons recorded in the Judgment/order, the writ petition is allowed. Rule is made absolute. The order of detention challenged in this writ petition is quashed and set aside. The detenu Shri Mushtaq Abubakar Sayed S/o Shri Abubakar Kalamiya Sayed is directed to be released forthwith, if not required in any other case.

2.

In the view that we have taken on the ground that the Detention Order is vitiated by total non application of mind, we J.V.Salunke,PA

920(3)-WP-5370-2017.doc did not deem it fit and proper to allow Ms. Ansari to argue other grounds on which the order of detention has been challenged. (PRAKASH.D.NAIK, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA