JOB HAMINGTON Vs. COMMISSIONER OF POLICE AHMEDABAD

JUDGEMENT

(1.) The petitioner is the detenu. The order of detention was made by the first respondent (Commissioner of Police Ahmedabad City on 12/06/1981 under sub-sec. (2) read with sub-sec. (3) of sec. 3 of the National Security Act 1980 (hereinafter referred to as the Act) on the said respondent being satisfied that it was necessary to detain the petitioner with a view to preventing him from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad City. The grounds of detention dated June 12 1981 were duly served upon the petitioner together with documents which consist of a large number of First Information Reports lodged against the petitioner at different police stations under the jurisdiction of the first respondent and outside such jurisdiction and statements of three witnesses. The second respondent (State Government) approved the order of detention under sub-sec. (4) of sec. 3 of the Act on 23/06/1981 The petitioners case was referred to the Advisory Board under sec. 10 of the Act. The Advisory floored in its report submitted to the second respondent stated that there was in its opinion sufficient cause for the detention of the petitioner. Thereupon the State Government confirmed the detention order under sub-sec. (1) of sec. 12 of the Act on 11/09/1981 The present petition challenging the order of detention was instituted on 24/09/1981 It was posted for preliminary hearing on 25/09/1981 Rule was ordered to issue on the same day and it was made returnable on 5/10/1981 The petition has now reached final hearing before us and it is being disposed of by this judgment.

(2.) The order of detention has been challenged on the following grounds:-

(3.) In our opinion the petitioner is entitled to succeed on the first ground of challenge set out above. We are therefore not called upon to examine the validity of the other grounds of challenge. ... ... ... . ...