BHUPAT DEVABHAI BORICHA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The grievance made by the learned Counsel for the respondent is that the paper book which was sent to the respondent with the notice of this Court is not containing all the papers. This grievance made at this stage cannot be accepted, as there may be all possibility of tampering with the record. The presumption unless contrary is proved is that the paper book which was sent with the notice of this Court contained all the papers. What it is contended by the learned Counsel for the respondent would have been true, then the first step of the respondent would have been to report this matter to the Court. Unfortunately this has not been done till this day. In these facts, this is nothing but a concocted and manufactured ground raised by the learned Counsel for the respondent, on instructions of the officer present in the Court from the Department.

(2.) Manifold contentions are raised by the learned Counsel for the petitioner challenging the order dated 12th Sept. 2000 of the Police Commissioner, Rajkot city, under which the petitioner was ordered to be detained as a dangerous person, but as this petition deserves acceptance only on one ground, each contention needs not be referred to, considered and decided.

(3.) In paragraph No. (A), the petitioner averred that the order of detention is contrary to law, proved facts and material on record and therefore, the same deserves to be quashed and set aside and further the detaining authority is not justified in ordering the detention of detenu on the ground that his detention is absolutely necessary with a view to prevent him from acting in a manner prejudicial to the maintenance of public order and therefore the order of detention is required to be quashed and set aside.