JITUBHAI JIBHAIBHAI SOLANKI Vs. DISTRICT MAGISTRATE KHEDA

JUDGEMENT

(1.) In this application under Art. 226 of the Constitution the petitioner has sought appropriate writ direction or order by way of habeas corpus or for any suitable writ direction or order directing the concerned respondents to set at liberty the detenu who is detained under the provisions of the Gujarat Prevention of Anti-Social Activities Ordinance 1985 (The Ordinance for short).

(2.) In order to appreciate the grievance made on behalf of the detenu in this connection it will be necessary to have a look at the backdrop of the relevant facts pertaining to this application.

(3.) Relevant facts: Petitioner Jitubhai Solanki who is resident of village Neja in Khambhat Taluka of Kaira district is preventively detained by the District Magistrate Kaira by his order dated 2-8-85 passed in exercise of his powers under sec. 3(2) of the Ordinance. The said order is at Annexure A to the petition. The order is in Gujarati. When translated into English relevant recitals therein read as under: The detaining authority is satisfied that with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order it is necessary to detain him. The grounds of detention supplied to the detenu are of even date. she grounds are in Gujarati. The irrelevant recitals when translated into English read as under : You Jitubhai Jibhaibhai Solanki resident of Neja in Khambhat taluka are carrying on activity of distilling country liquor since long. Criminal cases being Khambhat Rural Police Station crime registers Nos. 72/81 128 47 170 and 179/14 and case under Bombay Police Act have been registered against you. 2 Because of your activity of distilling and selling liquor many obstacles arise in maintenance of public order in the said area you are threatening those who are prepared to give evidence against you. On account of this reason you are dangerous mischievous and strong headed person of that village. 3 Because of your activity of distilling and selling liquor people residing in round about areas and specially ladies cannot move freely and suffer from sense of insecurity. 4 Because of your activity of distilling liquor and selling it village people get tired. Witnesses are also afraid of giving evidence in public against you. You are threatening witnesses to inflict physical injuries on their person and you threaten them to suffer dire consequences. Because of your aforesaid activity you are creating an atmosphere of fear and terror in the locality and consequently you are known as dangerous and nefarious person. On account of the aforesaid facts I am satisfied that with a view to preventing you from committing acts which are likely to disturb public peace and tranquillity it is necessary to detain you.