Upholding the detention of the alleged head of an extortion gang,the Bombay High Court on Thursday ruled that the absence of similar action against other members of the group cannot be held in favour of the detained person. The court was hearing an appeal filed by one Santosh Chavan,who challenged a detention order passed against him. The order was passed under the Maharashtra Prevention of Dangerous Activities of Slumlords,Bootleggers,Drug Offenders and Dangerous Persons Act,1981. The detaining authority had noted that Chavan had unleashed a reign of terror and had become a perpetual danger to the society in various localities in Bhandup. The order went on to note that he was likely to indulge in activities detrimental to public order if he was set free. According to the prosecution,Chavan used to extort money from contractors,shopkeepers and hawkers in the area. Chavan is presently lodged in Nashik Road Central Prison. Arguing in defence of the appellant,Rizwan Merchant,the amicus curiae appointed by the court,had submitted that Chavan was acting along with other persons. He contended that no such action was taken against the others. However,additional public prosecutor M H Mhatre told the court that the action was taken against him as he was the kingpin of the group and there was substantial material on record against him. Upholding Mhatres contentions,the bench of Justices A M Khanwilkar and R G Ketkar dismissed the appeal,observing,We have no hesitation in accepting these contentions It is a well established position that merely because no action has been taken against the other persons,that by itself cannot be sufficient to hold that it results in discrimination.
