MAGANBHAI KHODABHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since in this group of writ petitions, a common legal ground is involved, and consensual submissions to determine and adjudicate upon the entire group simultaneously by one judgment, all the writ petitions challenging the orders of detention, under the Gujarat Prevention of Anti Social Activities Act, 1985 are being disposed of by one common judgment, after having heard the learned advocates appearing for the petitioners detenus and the learned A.G.Ps on behalf of the respondents.

(2.) The Gujarat Prevention of Anti Social Activities Act, 1985 [ the PASA Act, for short ] is aimed and designed to provide for preventive detention of bootleggers, dangerous persons, drug offenders, immoral traffic offenders and property grabbers for preventing their anti social and dangerous activities prejudicial to the maintenance of public order. The petitioners have been detained by the competent authority under the PASA Act by passing the detention orders. They have assailed the detention orders on various grounds by filing writ petitions, in this group of matters, by invocation of the provisions of Article 22[5] of the Constitution of India. The common ground, which is challenged before this Court, in this group of petitions, is pertaining to the non-fulfillment and non-observance of the constitutional right to make effective representation under Article 22 [5] of the Constitution. It is provided therein that when any person is subjected to detention order in pursuance of any provisions of detention law, the authority making such detention orders, is obliged to afford an opportunity of making a representation against such orders of detention at the earliest by communicating to such persons, the grounds on which the detention order has been founded upon, which is constitutional safeguard enshrined under Article 22 [5] of the Constitution of India has long legal legendry philosophy and purpose so that the liberty of an individual is not invaded upon without there being statutory provisions and without due compliance and observance of the safeguards provided in the Constitution as well as in different detention laws.

(3.) The Article 22 consists of two parts. Clauses [1] and [2] apply to persons arrested or detained under a law otherwise than a preventive law. Whereas Clauses [4] to [7] are applicable in case of arrested or detained under the preventive detention law. The underlying design and desideratum of the provisions of clause 5 of Article 22 of Constitution of India succinctly expounded, explored and accepted and very much widened by the host of the judicial pronouncements. It is, therefore, imperative for any authority under the detention law to see that the material safeguards constitutional as well as statuary are observed in its due spirit and letter, since invasion of the liberty is by virtue of the order under the detention laws.