KHIMJI RAJA HARIJAN Vs. DISTRICT MAGISTRATE BHAVNAGAR

JUDGEMENT

(1.) By this petition under Art. 226J Constitution of India petitioner-detenu Khimji Raja Harijan has prayed for the writ of Habeas Carpus and for quashing the detention order dated 31/01/1987 passed by the District Magistrate Bhavnagar the detaining authority under Sec. 3 of the Gujarat Prevention of Anti-social Activities Act 1985 (hereinafter referred to as the PASA Act) as on the detaining authority being satisfied that with a view to preventing the petitioner for acting in any manner prejudicial to the maintenance of public order it was necessary to detain him.

(2.) The detention order was served to the petitioner at about 3 a.m. on 2/02/1987 at his residence at Mahalaxmi Mill Chawl Bhavnagar where his uncle Atubhai Bhikhabhai was residing with him. Shri S B. Patel Police Inspector of A Division Police Station Bhavnagar who served the detention order to the petitioner informed the petitioners uncle Atubai Bhikhabhai in writing about the detention of the petitioner under the PASA Act and also recorded the statement of Atubhai for that purpose. The grounds of detention dated 31/03/1987 were served to the petitioner at the time of serving the detention order and the petitioner was then lodged in prison at Bhuj-Kutch... ... ... ... ... ... ... ... ... ... ...

(3.) Deriving the support from the judgment of the Supreme Court in A. K Roy v. Union on India AIR 1982 SC 710 it is submitted that the family members of the petitioner were not informed in writing about the detention and also about the place where the petitioner was to be lodged and therefore the detention order vitiates.