RAMESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this writ petition under Article 32 of the Constitution of India, the petitioner who is the son of the detenu, Bhogilal Manilal Parmar challenges the legality and validity of the order of detention dated 27-2-1989 passed against the detenu by the detaining authority (the Commissioner of Police, Vadodara City) in exercise of the powers conferred by sub-section (2) of Section 3 of the Gujarat Prevention of Anti-social Activities Act of 1985 (hereinafter referred to as the Act) with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order in the area of Vadodara City. For reaching the subjective satisfaction as to the necessity of making this order on the basis that the detenu is a 'bootlegger' within the meaning of Section 2(b) of the Act and that the activities of the detenu were prejudicial to the maintenance of public order, the detaining authority has relied upon four criminal cases in which the detenu is said to have been involved and the statements of four witnesses showing that the detenu along with a band of his associates armed with weapons has been unleashing terror thereby creating an atmosphere of insecurity in the area of Vadodara City which activities of the detenu adversely affected the maintenance of public order.

(2.) THE main thrust of the arguments advanced by Mr. P. H. Parekh, learned counsel for the petitioner is of two folds : -

(3.) IN this connection, iti s represented by Mr. Parekh that a copy of the rejoinder has been served on the learned counsel for the respondent much earlier to the hearing of this Writ Petition. Be that as it may. the respondents have not filed arty counter to the rejoinder either denying the averments or affording any explanation.