SHAIKH AKIL SHAIKH KALU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed by the petitioner who is a detenu for qashing and setting aside the order of detention dated 14-10-1992 passed by the Commissioner of Police, Surat City, on his being satisfied that with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public order in the area falling under the jurisdiction of Athwa Lines Police Station, it is necessary to detain the petitioner. The said order is passed under S. 3 of the Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as "the Act" for short). The petitioner was also served with the grounds on which the order of detention was passed, on the same day.

(2.) On perusal of the grounds, it appears that the detaining authority has relied on two Cr. Rs. being C.R. No. 135/91 and 9/92 and both are for the offences under Chapter XVI and XVII of the Indian Penal Code. Further, the detaining authority has relied on statements of four witnesses relating to the incidents of 21-3-1992, 26-4-1992, 6-6-1992 and 18-8-1992. The detaining authority also took into consideration the apprehension of the witnesses who gave the statements about the safety of the person and property if the names and addresses of the witnesses are disclosed. As requested by the witnesses in their statements, with a view to ascertain the same, the detaining authority has directed the Superintendent of Police 'C' Division, for verifying the said statements. The Superintendent of Police verified the same and after the said inquiry was over, the detaining authority exercised privilege under Section 9(2) of the Act for not disclosing the names and addresses of the witnesses.

(3.) The detaining authority has also taken into consideration other relevant factors for deciding about the necessity of detaining the petitioner. He has also considered that the petitioner was released on bail in C.R. No. 79/92 in which one of the conditions was that excepting the two lady accused, each of the accused was directed not to enter in the limits of Athwa Lines Police Station, and that each of them were released on a sum of Rs. 5,000/ - and each of them executing personal bond of the like amount. Even thereafter he has committed breach of the said direction and continued the said criminal activities. Accordingly, on his being subjectively satisfied that the petitioner was a dangerous person and his activities were prejudicial to the maintenance of public order, the detaining authority has passed the aforesaid order of detention.