SOMNATH RAMCHANDRA VERMA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) . The petitioner who is the detenu has challenged the order of detention, dated 7-9-1990 passed by the Commissioner of Police, Ahmedabad City under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985. The order is annexed at Annexure "A".

(2.) . It is, inter alia, alleged in the grounds of detention that the petitioner is involved in 9 Criminal Cases under Chapter 16. It is also alleged that the petitioner threatens people with dire consequences at the point of weapons and thus terror is prevailing amongst the peace-loving citizens of the area of Naroda of Ahmedabad City and that the petitioner has become an obstruction to the maintenance of public order and, therefore, an order of detention is passed against him.

(3.) . The learned Advocate for the petitioner submits that at the time of making the proposal by the sponsoring authority to the detaining authority, the material documents, viz., the bail applications filed by the detenu for releasing him on bail for the offence registered in C. R. No. 164 of 1990 and other cases shown in the grounds were not placed before the detaining authority and the same is not also supplied to the detenu along with the grounds of detention. The learned Advocate for the petitioner submits that the said bail applications are material documents which ought to have been placed before the detaining authority. It is also averred by the petitioner that in the bail applications it is averred that the case is falsely registered against the present petitioner by the complainant because of enmity and that he is innocent. They are vital documents which have not been placed by the sponsoring authority before the detaining authority and thus, the impugned order is impaired by non-placing of the important and relevant documents before the detaining authority thus, the subjective satisfaction of the detaining authority is vitiated.