VIKRAMBHAI MAYABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In both the above petitions, the petitioner is the same. In both the petitions, the challenge is to the order of detention dated 8.8.1985 Annexure A passed by the District Magistrate, Junagadh under the provisions of Gujarat Prevention of Anti-Social Activities Act, 1985. It appears that the petition bearing No. 1156 of 1985 has been filed by the petitioner through the superintendent, Central Prison, Vadodara and a rule was ordered to be issued on 16.12.1985. The other petition came to be filed through the advocate of the petitioner in which also a rule has been issued on 10.1.1986. Since both the petitions relate to the same subject matter, the same are being disposed of by this common judgment.

(2.) The petitioner has challenged the said older of detention on several grounds, but it is unnecessary to discuss all of them since the petitions can be disposed of on a solitary ground, as would appear hereinafter.

(3.) In the petition bearing No. 17 of 1986, vide paragraph 9, it has been contended as under: The petitioner submits that the petitioner has made a representation to the State Government through his mother by registered A.D. That the State Government has not expeditiously considered the representation. Thus, there is great delay in considering the representation by the State Government. The fundamental rights guaranteed under Article 22 (5) of the Constitution of India is thus violated and the continued detention is, therefore illegal.