HARIJAN GOVIND JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Little concern for the liberty of a citizen together with lack of awareness of its obligation arising out of the provisions of Article 22(5) of the Constitution resulting in a mechanical rejection of the detenus representation by the Government compels us to quash the order of his detention and bring his detention to an end.

(2.) The petitioner is detained pursuant to the order dated 8-8-1985 passed by the District Magistrate Junagadh under sec. 3(2) of the Gujarat Prevention of Anti-social Activities Act 1985 (hereinafter referred to as `the Act). The order was passed against him on the ground that he is a notorious bootlegger and that because of his activities of manufacturing and selling illicit liquor public order in the locality of Vankarvas of Vanthali town is adversely affected. The District Magistrate was also satisfied that inspite of so many cases registered against him under the Bombay Prohibition Act he was still continuing his said prejudicial activities; and therefore with a view to preventing him from continuing the same it was necessary to detain him.

(3.) The order of detention is challenged on various grounds. But it is not necessary to refer to all of them as this petition deserves to be allowed on the ground that the representation which was made by the petitioner was not considered by the State Government the way it is expected to consider the same. It is the case of the petitioner that be had sent one representation to the State Government from the jail and that has not been considered by the State Government. It is also his case that his wife had made another representation dated 13-8-1985 on his behalf to the State Government. That representation is also not considered by the State Government. Failure to consider these representations has rendered his continued detention illegal.