ISMAILSHA REHMANSHA DIWAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is yet another case where I am constrained to observe that detention order has been passed by the authorities only to have statistical datas thereof. Deliberately, lacunas appear to have been left out in the matter so that it may be easy for the petitioner to get himself released from this detention by filing this petition.

(2.) Not only this, after filing of this petition also, the respondents have extended favour to the petitioner which is clearly borne out from the fact that they have not cared to file reply to the special civil application though more than sufficient time was available to their disposal.

(3.) Manifold contentions have been raised by learned counsel for the petitioner challenging the order of detention of the petitioner but as this petition deserves to be allowed only on one ground, it is not necessary to refer, discuss and record the findings thereon. In paragraph-10 of the special civil application, the petitioner states that despite of demand made by petitioner to supply copies of the statements of witnesses recorded u/s.161 of Cr.P.C. have not been supplied to him. The representation which has been filed by petition is there on the record of this petition at page No.20 and this grievance has also been made therein but the District Magistrate concerned has not cared even to respond to this representation. These copies of the documents demanded by petitioner are certainly vital documents and it is a case where the petitioner has been deprived of his valuable right of making effective representation against the detention order as conferred to him under Article 22(5) of the Constitution of India.