ZALA VADHUBHA NANUBHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The detention order dated 29-7-1992 passed by the learned District Magistrate Surendranagar as detaining authority under the provisions of Prevention of Anti-social Activities Act 1985 (for short PASA) is sought to be challenged by way of this petition. The detenu has been detained as a dangerous person and in support thereof the detaining authority in the grounds of detention annexure B page 15 has relied on 5 criminal cases registered against the detenu. There is no controversy that they do not relate to Chapter XVI of the Indian Penal Code Over and above five cases the detaining authority has also relied on statements of as many as 16 witnesses 8 of whom wore called by the detaining authority and their contents were verified by him personally. To this effect is to be found is his affidavit in reply that has been filed at page 31 onwards running into 10 pages.

(2.) Based on the aforesaid material while recording his satisfaction that the detenu is a dangerous person he has also recorded the fact that because of his activities so much fear has been generated in the area and the witnesses to various incidents are not placed to come forward at all and necessarily therefore no complaints have been registered in respect of any of these incidents. Moreover it is also recorded that in keeping with this very situation the witnesses are not coming forward to depose However from the petition and the annexure to it L.A. Mr. Naik has been able to show that in respect of criminal case no. 91 of 1992 a judgment has been delivered on 31 by Judicial Magistrate 1st Class Bajana and the incident from which the case had arisen had occurred on 17-1-1992 and by the time the judgment could be delivered the learned Magistrate had examined as many as 7 witnesses.

(3.) On the one hand we have the situation as set out in the grounds of detention that the witnesses are not prepared to come forward to lodge a complaint or to depose against the detenu and on the other hand we have the situation of the trial being conducted and it concluding in a judgment as per Annexure G page 23.