KHAIRUNISSA SALIM MOHD QURESHI Vs. STATE

JUDGEMENT

(1.) Heard learned advocate Mr.H.R.Prjapati, appearing on behalf of the petitioner and Mr.H.L.Jani, learned AGP appearing on behalf of the respondents. In the present petition, the order of detention dated 31st December, 2000 is challenged by the petitioner under Article 226 of the Constitution of India. The order of detention has been passed by the Police Commissioner, Surat City under Section 3[1] of the PASA Act. The grounds of detention are communicated and supplied to the petitioner under Section 9[1] of the PASA Act. The present petitioner has been detained in District Jail Nadiad as Class-II detenu. Looking to the grounds of detention, one offence has been registered against the present petitioner in respect of DCB - III Crime Register No.5547 / 2000 under the provisions of Bombay Prohibition Act. The date of registered offence is 8th October, 2000. The petitioner was arrested by the concerned police authority on 9th October, 2000 and thereafter the petitioner was released on 10th October, 2000. The statements of secret witnesses were recorded by the concerned Police Inspector on 12th December, 2000 and verified by the detaining authority on 29th December, 2000. One statement of the secret witness was recorded on 13th December, 2000 and verified on 29th December, 2000 by the detaining authority. That two unregistered offence have been noted by the detaining authority consequent upon recording of the statements of the secret witnesses dated 24th November, 2000 and 2nd December, 2000. The order of detention has bee passed on 31st December, 20000. The detaining authority has claimed privilege under Section 9[2] of the PASA Act. The petitioner has submitted representation dated 31st January, 2001 which is at pg.28 of compilation Annexure-C, in which, second paragraph of the representation, the petitioner has requested to the Deputy Secretary of the Home Department to supply necessary documents in respect of C.R.No.5547 / 2000. The demand which has been made by the petitioner to supply copies of all the statements recorded under Section 161 of the CrPC. The said representation has been received by the respondent - State Government on 1st February, 2001 and the same has been rejected on 5th February, 2001 and accordingly communicated by letter dated 13th February, 2001 to the petitioner. But no answer has been given by the respondents in respect of the demand made by the petitioner in the representation to supply relevant statements recorded by the concerned investigating officer under Section 161 of the CrPC.

(2.) It is necessary to note that other two co-detenu against whom very same offence has been charged, were also detained under the provisions of the PASA Act by the detaining authority by passing the order of detention on date 31st December, 2000 and the said two co-detenu namely Smt.Khairunissa Slim Mohd. Qureshi and the other one Salim, Salim Jol Mod Qureshi have also preferred Special Civil Application No.1010/2001 and 1000 of 2001 respectively. However, in these three matters, wherein the orders of detention are passed by the detaining authority against the husband and wife and brother-in-law and thus, they all are family membres of one family.

(3.) Initially, these three petitions have been decided by this Court [ Coram : Mr.Justice S.K.Keshote, J.] by order dated 13th February, 2001, whereby all three petitions were allowed while setting aside the order of detention dated 31st December, 2000 passed by the Police Commissioner, Surat City against each of the petitioner of above referred three petitions. However, it is observed that these orders have been passed by this Court on 13th February, 2001 without issuing notice to the State Government and without hearing the State Government. Therefore, the State Government has approached the Hon'ble Division Bench of this Court by way of Letters Patent Appeals and accordingly, preferred three Letters Patent Appeal against each respective petition which are numbered as LPA No.496 / 2001 to 498 / 2001. The Hon'ble Division Bench of this Court consisted of the Hon'ble the Chief Justice Mr.D.M.Dharmadhikari and Mr.Justice K.R.Vyas, J.J., has decided all three letter patent appeals along with other cognate appeals on 28th June, 2001. The Hon'ble Division Bench of this Court has passed the order, wherein relevant observations in concluding paragraph are in para-6, are reproduced hereinbelow :-