DHARAMDAS SHAMLAL AGARWAL Vs. POLICE COMMISSIONER

JUDGEMENT

(1.) THIS is a petition under Article 32 of the Constitution of India challenging the legality and validity of the order of detention dated September 17, 1988 passed by the detaining authority (the Commissioner of Police, Ahmedabad city) clamping upon the petitioner (the. detenu herein) the impugned order of detention under sub -Section (2) of Section 3 of the Gujarat Prevention of Anti Social Act, 1985 on the ground that he on the materials placed before him was satisfied that it was necessary to make this order of detention with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad city and directed the detenu to be detained in Sabarmati Central Prison, In pursuance of the said order, the detenu has been detained in the aforesaid prison.

(2.) THE government approved the order of detention on September 21, 1988. The detenu submitted his representation dated September 22, 1988 to respondent 1 who by his order dated September 30, 1988 rejected the same. Hence this writ petition.

(3.) BEFORE adverting to the arguments advanced by Dr. Ghitale, on behalf of the detenu, we would like to produce the relevant portion of the grounds of detention which reads thus :