DINESHKUMAR HUBLAL JAISHWAL Vs. COMMISSIONER OF POLICE AHMEDABAD

JUDGEMENT

(1.) The petitioner who came to be detained (as a bootlegger on various allegations as stated in detail in the grounds of detention dated 16-3-1994 Annexure -C) under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act 1985 by an order dated 16-3-1994 passed by the Commissioner of Police Ahmedabad has challenged the same by filing this petition.

(2.) Mr. S R Patel the learned Advocate for the petitioner while challenging the impugned order of detention has voiced a serious grievance saying that the representation or the petitioner dated 11 addressed to the Chairman PASA Advisory Board Ahmedabad wherein it was specifically requested to send the same to the State Government appears to have been not considered by the State Government till today and hence in that view of the matter to the said extent the salutary safeguard provided under Article 22(5) of the Constitution of India stands infringed violated and accordingly it clearly vitiates and invalidates the further continued detention of the petitioner as illegal and unconstitutional According to Mr. Patel once be satisfactorily drives home the point the petitioner shall have to be released forthwith.

(3.) Countering the above submission Mr. R P Solanki. the learned APP vehemently submitted that there is indeed no question of the State Government considering and/or not considering the representation in question arises hI the matter since no such representation as alleged by the petitioner was either submitted to the jail authorities or addressed to the State Government and accordingly ultimately received by the State Government. When such is the questionable fact-situation no right of the petitioner as alleged under Article 22(5) of the Constitution of India has been violated to render the continuous detention illegal and unconstitutional