JAHID HABIBBHAI SHIPAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution at the instance of the petitioner-Jahid Habibbhai Shipai, detenu, at present detained in Ahmedabad Central Prison, Ahmedabad, is directed against the order of the Police Commissioner, Rajkot City, dated 29th August, 2000, whereunder he was ordered to be detained by that officer in exercise of powers under Sec. 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985 (hereinafter referred to as 'Act') as a 'dangerous person'.

(2.) The learned Counsel for the petitioner raised manifold contentions challenging the legality, propriety and correctness of the order aforesaid, but as this petition deserves acceptance only on one ground, it is not necessary and also in the larger interest of saving the precious and valuable judicial time of this Court to refer all those contentions, discuss and give findings thereon.

(3.) It is contended that the respondent-detaining authority has not supplied to the petitioner, the statements of witnesses which are recorded under Sec. 161 of the Code of Criminal Procedure, 1973. It is stated in paragraph 14 of the Special Civil Application that the petitioner made this demand through his father in the representation dated 7-11-2000 for supply of statements of witnesses recorded under Sec. 161 of Cr.P.C. but till date, copies of those statements have not been supplied. The learned Counsel for the petitioner submits that the statements of witnesses recorded under Sec. 161 of Cr.P.C. are vital documents and non- supply of the same to the detenu results in depriving him his valuable right of making effective representation to the authorities.