BAI AMINA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner a widow has been detained by the second respondent (District Magistrate Panchmahals) in exercise of the powers conferred by sub-sec. (2) of sec. 3 of the National Security Act 1980 (hereinafter referred to as the Act) upon being satisfied that her detention was necessary with a view to preventing her from acting in any manner prejudicial to the maintenance of public order. The order of detention is dated 11/04/1981. The actual detention commenced on and with effect from 14/04/1981 The grounds of detention were furnished to the petitioner on 17/04/1981 The first respondent (State of Gujarat) accorded its approval to the order of detention under sub-sec. (4) of sec. 3/04/198 1/05/1981 the petitioner made a representation to the State Government which was rejected on 12/06/1981 Meanwhile the Advisory Board considered the case of the petitioner and on 9/06/1981 it reported to the first respondent that there was in its opinion sufficient cause for the detention of the petitioner. Hence the present petition.

(2.) The grounds of detention supplied to the petitioner disclose that two grounds weighed with the detaining authority in arriving at the requisites satisfaction.

(3.) The first ground mentions that the petitioner was a head-strong and fanatic woman and that she was habituated to indulge in criminal activities and that she was inciting communal feelings amongst Muslims against Sine is and Hindus and that in that manner she was indulging in acts and conduct endangering public place and tranquility and public order. The particulars of six incidents or events are given to substantiate the aforesaid ground. The incidents or events particularized are alleged to have occurred during the period from August 197 9/04/1981 Broadly speaking those particulars lend to indicate that the petitioner alone or along with others had indulged in violent activity in August 1979 and February 1980 and that she had actively participated in the communal riots which occurred in the month of October 1980 in the town of Godhra. Those particulars also reveal that complaints for various offences punishable under the Indian Penal Code were lodged with the police against the petitioner from time to time and that she had absconded and was twice arrested for the first time in February 1980 and for the second time in February 1981 in connection with the various complaints Chapter proceedings were also instituted against the petitioner in April 1981 Having regard to the ultimate view which we are inclined to take in this matter it is not necessary to set out in greater detail the particulars in relation to the first ground.