KOLI SURESHBHAI BALABHAI PARMAR Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) This Special Civil Application is directed against the detention order dt.19.7.99 passed by the District Magistrate, Bhavnagar whereby the petitioner was detained under S.3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985. By yet another order dt.19.7.99 the petitioner was committed to District Jail, Surat. The grounds of detention enclosed with the detention order show that the petitioner has been found to be a dangerous person within the meaning of S.2(c) of the Act. As per the detention order, three criminal cases for offences under Chapters 16 and 17 I.P.C. were registered against the petitioner at Police Station, 'A' Division,Bhavnagar being Criminal Case No.54/97 dt.3.2.97, Criminal Case No.47/99 dt. 21.1.99 and Criminal Case No.267/99 dt.21.5.99 respectively. It has been recorded in the detention order that despite being released on bail in the aforesaid criminal cases, the petitioner was continuing with his anti social activities. The detaining authority has then given the details of the statements made by 3 witnesses dt.6.7.99, 5.7.99, and 5.7.99 with regard to the incidents dated 25.6.99, 29.6.99 and 2.7.99 respectively. These 3 witnesses have deposed against the anti social activities of the petitioner. The detaining authority says that he had verified the correctness of the statements made by the witnesses and after careful study he has felt satisfied that the petitioner was a dangerous person and his anti social activities were prejudicial to the public order. It has been further stated that the witnesses had sought protection that their identity may not be disclosed as they were afraid of the petitioner and the detaining authority has, therefore,invoked the provisions of S.9(2) of the Act. It has been recorded that the petitioner alongwith his associates was creating terror and nobody could file complaint against the petitioner because of his fear and the petitioner through his anti social activities was beating innocent persons resulting into a helter skelter and was committing breach of the public order. The steps taken against him under S.110 of Cr.P.C. on 25.2.97 did not yield any result and it was therefore very clear that the petitioner's anti social activities were going on continuously and the proceedings under S.59 of the Bombay Police Act with regard to externment will take a long time and, therefore, it was necessary to detain him as a dangerous person under S.2(c) of the Act in exercise of the powers under S.3(2) of the Act. Accordingly the detention order was passed.

(2.) It is given out by the learned counsel for the petitioner that during the pendency of this case, the petitioner has been transferred to Sabarmati Central Jail at Ahmedabad from District Jail,Surat. It is also given out that the petitioner had submitted representation through his lawyer on 9.9.99 against the detention, as aforesaid. One representation was addressed to the District Magistrate, Bhavnagar and the other was addressed to the Chief Minister.

(3.) Present petition was filed in this court on 14.10.99. Rule was issued on 15.10.99 and affidavit in reply dt.3.2.2000 has been filed under the signatures of the Deputy Secretary to the Government of Gujarat, Law and Order, Home Department.