VALIULLA INAYATKHAN PATHAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The detenue - Valiulla Inayatkhan Pathan has been detained under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 ("PASA Act" for short) by virtue of an order passed by Commissioner of Police, Surat City, Surat, in exercise of powers under Section 3(1) of the PASA Act, dated December 24, 1999.

(2.) The grounds of detention indicate that the detaining authority took into consideration 5 offences registered against the detenue. The detaining authority also took into consideration the statements of three anonymous witnesses in respect of the incidents that occurred on October 20, 1999, November 1, 1999 and November 4, 1999 and came to conclusion that the petitioner is a "bootlegger", that his activities are detrimental to public order, that fear expressed by the witnesses qua the petitioner was genuine and therefore, powers under section 9(2) of the PASA Act were exercised by the detaining authority by not disclosing identity of these witnesses.

(3.) . Mr. N.M. Kapadia, learned advocate for the petitioner has pressed into service the only ground of non-consideration of representation. He has drawn attention of this Court to the fact that the representation was made on behalf of the detenue on March 6, 2000 to the Chief Minister. That representation was made by Zubedakhatun Inayatkhan Pathan. In support of that representation,an affidavit was sworn by Zubedakhatun. By that affidavit, an attempt is made to show that the allegations made by the anonymous witnesses in their statements regarding incidents are not correct. It is contended therein that on inquiry, it is found that no such incident occurred. The said representation was received by the office of the Chief Minister on 7th March, 2000 and it came to be rejected by the government on 9th March, 2000.