BACHUBHAI MANSUKHBHAI BHAVSAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) By an order made on 5/07/1981 the first respondent (Commissioner of Police Ahmedabad City) in exercise of the powers conferred by sub-sec. (2) read with sub-sec. (3) of sec. 3 of the National Security Act 1980 ordered the detention of the petitioner on being satisfied that it was necessary to do so with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad city. The petitioner was duly detained pursuant to the said order. The grounds of detention of even date were thereafter served upon him together with the relevant documents. The petitioner instituted the present petition on 19/09/1981 The petition reached preliminary hearing on 21/09/1981 when Rule was ordered to issue returnable on 5/10/1981 The petition reached final hearing today and it is being disposed of by this judgment.

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

(3.) In our opinion the petitioner is entitled to succeed on grounds (1) and (2) set out above. It is therefore not necessary to pronounce upon the validity or otherwise of the remaining grounds.