Mohammed Khan Jahan Ali Shaikh vs. State Of Maharashtra

Held

The Court disposed of the writ petition based on the submissions made by the learned APP. The Court noted the State's submission that the Petitioner had not been arrested or detained and that the authorities would follow the due procedure and conduct a proper inquiry into the matter. The Court directed that the authorities would follow the due procedure and ensure proper verification of the documents. The Court did not make any specific findings on the Petitioner's citizenship or the legality of the detentions, as the matter was resolved based on the assurances given by the State and the Petitioner's grievance being addressed by the proposed due process.

Facts

The Petitioner, Mohammed Khan Jahan Ali Shaikh, filed a criminal writ petition before the Bombay High Court. The Petitioner claims to be an Indian citizen, possessing an Aadhar Card, Election Voter ID, PAN Card, and an Udyam Registration Certificate for his scrap business, for which he regularly pays GST. His grievance is that the police are detaining him for investigation for approximately four hours at a time. The State, through the learned Additional Public Prosecutor (APP), submitted that the Petitioner is suspected of not being an Indian citizen and appears to be Bangladeshi. The authorities are investigating documents submitted by the Petitioner and intend to follow due procedure.

Key Issues

1. Whether the Petitioner's detention for investigation, as alleged, is lawful, considering his claims of Indian citizenship and regular tax compliance under the Goods and Services Tax (GST) regime and his business registrations. Petitioner's Contention: The Petitioner argued that he is a regular taxpayer, registered with the GST Department and MSME, possesses an Aadhar Card and Voter ID, and is being unduly detained by the police for investigation, causing him harassment. He highlighted the lack of specific details about his ancestry in the petition. Revenue/State's Contention: The State contended that the Petitioner is suspected of being a Bangladeshi national, and the authorities are investigating the documents submitted by him. They asserted that the Petitioner has not been arrested or detained and that the petition was filed to exert pressure on the investigative agency. The State assured that due procedure would be followed.