MUKESH HIMATLAL SHETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr.K.D.Gandhi, the learned advocate for the petitioner seeks permission to amend the cause title of the petition. Permission is granted. Amendment to be carried out immediately.

(2.) By this writ petition under Article 226 of the Constitution of India the petitioner/detenu-Mukesh Himatlal Sheth, residing at Kantilal House, 14, Mama Parmanand Marg, Mumbai, challenges the order of detention dated 18th October, 2005 passed by the District Magistrate, Patan, ordering the detention of the petitioner under Section 3(1) read with Section 3(H) and 3(I) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (the Act) on the said authority s subjective satisfaction that such detention was necessary with a view to preventing the petitioner from acting in a manner prejudicial to the maintenance of the public order . (The learned Counsel appearing for the petitioner has drawn attention to the fact that there is an error in quoting the provisions of the Act in the order. The correct provisions are Section 2(h) and 2(i) and not Section 3(H) and 3(I) of the Act).)

(3.) It appears that a similar order of detention under Section 3 read with Section 2(h) of the Act had been made against the petitioner s brother Rajesh Himatlal Sheth which has been challenged by his brother before this Court by way of a writ petition being Special Civil Application No.21775 of 2005 wherein notice had been issued on 25th October 2005 which was made returnable on 28th October 2005. On the returnable date, it appears that the Court after perusing the order of detention had observed that no coercive measures would be taken against the petitioner s brother since the matter is sub-judice.