ARIF GULAM HUSSAIN CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to amend. Amendment, as prayed for, is granted. Leave to join Jail Superintendent, Vadodara, as party - respondent No.4.

(2.) The petitioner has filed this petition, under Article 226 of the Constitution of India, challenging the order of detention dated 24.8.2011, passed by the Police Commissioner, Rajkot City, in exercise of the powers under the provisions of Section 3(1) of the Prevention of Antisocial Activities Act, 1985 (for short "PASA"), with a view to preventing him from acting in any manner prejudicial to the maintenance of public order by the Police Commissioner, branding him to be "dangerous person", as defined under Section 2(c) of PASA.

(3.) Before deciding this petition on merit, it is required to be noted that this petition is filed as pre-detention matter as the petitioner - detenu was not arrested and the order of detention was not served upon him, and this Court has issued Rule in the matter. Thereafter, the petitioner filed Civil Application No. 11047 of 2011 for stay of the detention order dated 24.8.2011 passed by the Authority and this Court by order dated 14.10.2011 issued Rule making it returnable on 18.10.2011. The Detaining Authority has also filed Affidavit in the matter on 15.10.2011. On 18.11.2011, learned A.G.P. has prayed for time and, therefore, the matter was adjourned and could not be heard till the Diwali Vacation. Thereafter, the main Special Civil Application as well as the Civil Application for stay came to be adjourned to 10.11.2011. On 10.11.2011, the learned Advocate has submitted before this Court that recently before about two days prior to the date of hearing of this matter, the petitioner came to be detained and sent to Vadodara Central Jail. However, looking to the facts and circumstances of the case and looking to the fact that though he has filed this petition as pre-detention, he requested this Court to finally hear and dispose of this petition.