JITENDRA CHHABILDAS JAYSWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner - Jitendrabhai Chhabildas Jaiswal, 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, Vadodara City, Vadodara, in exercise of powers under Section 3(1) of the PASA Act, dated December 19, 1999.

(2.) The grounds of detention indicate that the detaining authority took into consideration one prohibition offence registered against the petitioner. The detaining authority also took into consideration the statements of three anonymous witnesses in respect of two incidents that occurred on October 7, 1999, October 23, 1999 and November 23, 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.) Ms. Subhadra Patel, learned advocate, appearing for the petitioner has raised the following contentions.