MAKDUM ABDUL MAJID SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . By filing the present Habeas Corpus petition, under Arts. 19, 21, 26 and 226 of the Constitution of India, the petitioner-detenu Makdum Abdul Shaikh challenges the orders of detention passed by the (3) AIR 1988 SC 1255 : District Magistrate, Bharuch, the respondent No. 2 herein, dated 7/08/1991 at Annexure 'A', directing that the petitioner be preventively detained under the PASA 1985 with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) . Questions For Adjudication :- Two questions presented before us for our examination and adjudication, drawn up on a wider canvass appear to be : (1) Would an unexplained unreasonably long period elapsing between the date (s) of incidents (s) and the date of the passing of the Order of Detention, usually termed as "Unexplained Inordinate Delay" snaps the nexus between the incident (s) and the order vitiating the latter ? (2) Is there or can there be a "Hard and Fast Rule" as to what is the length of time which should be regarded sufficient to snap the said nexus ? The third question so presented, of course, limited and relevant for the decision of the petition on hand is :- (3) Whether the facts and circumstances of the present petition show that there has been in fact "Unexplained Inordinate Delay" between the two terminees, vitiating the subjective satisfaction and the consequent Impugned Orders of Detention ?

(3.) . Facts :- The impugned orders of detention have been issued by the District Magistrate, Bharuch the respondent No. 2 herein, on 7/08/1991. The orders of detention say that the respondent No. 2 herein has been satisfied with respect to the petitioner that with a view to prevent him from acting in any manner prejudicial to the maintenance of public order it is necessary to preventively detain him. After saying so the respondent No. 2 proceeds further to say that, therefore the petitioner-detenu should be preventively detained under sub-sec. (1) of Sec, 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985. The grounds of detention dated 7/08/1991, which are at Annexure 'B' were also furnished to the petitioner-detenu as per the statutory requirement, wherein the reference has been made to 7 criminal cases registered in March, 1990 and September, 1990 against the petitioner-detenu at Bharuch City Police Station. It has bee" stated that the detenu resides at Ishqkpura area at Bharuch and that he indulges in communal activities, with the help or assistance of his friends, associates and companions and that, he picks up quarrels with the members of the Hindu community and by indulging in communal violence, he affects adversely the person and the properties of the members of the Hindu community. Alongwith these grounds of detention the statements recorded by the sponsoring authority in June 1991 have also been furnished. On the basis of the above said material the detaining authority has arrived at the subjective satisfaction that the petitioner-detenu indulges in communal violence and communal riots and therefore with a view to prevent him from acting in the aforesaid manner, he requires to be preventively detained.