BABUSHA MAMADSHA FAKIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-detenu has filed this petition for quashing the order of detention dated 17.11.1992 passed by the District Magistrate, Rajkot, exercising the powers under Section 3 of the Guja rat Prevention of Anti Social S Activities Act (PASA for short) on his being satisfied that with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public order it is necessary to detain him. The petitioner was served with the grounds of detention on the same day.

(2.) It may be mentioned that in para-2 of the a grounds of detention it is stated that the petitioner was residing in Rasulpura area of Dhoraji; that he was not doing any lawful business and hence there was no legal means of livelihood for the maintenance of his family; that the petitioner was known as Dada in the said locality; that he was giving threats to innocent persons and on account of that many persons could not file complaints against him before the Police or in the Court; that said anti social activities continued since 1987 and on account of the said activities detention order dated 12.10.1990 was passed against him under PASA and he was detained on 22.10.1990; that the said detention order was approved by the Government and the Advisory Board also gave the opinion that there was sufficient reasons to detain him; that against the said detention order the petitioner filed a petition being Special Criminal Application No. 103 of 1990 and this Court passed order on 28.12.1990 directing to release him from detention.

(3.) After stating the aforesaid facts in para- 3 of the grounds it is stated that looking to the previous history of the petitionerTs activities as mentioned above as well as the fact that the petitioner had continued his anti social activities after being released from detention it appears that the said activities are prejudicial to the maintenance of public order and hence it was decided to detain him.