PARSHOTTAM DAHYABHAI CHUNARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Order of detention passed against the petitioner/detenu under the relevant provisions of the Gujarat Prevention of Anti-Social Activities Act 1585 (hereinafter referred to as the Act) has been challenged inter alia on the ground that the grounds of detention on the basis of which the satisfaction is required to be arrived at by the detaining authority were not in existence on the date when the order of detention was passed and served upon the detenu. The order of detention is dated 13/05/1987 The grounds of detention served upon the detenu ale dated 17/05/1987 We have looked at the original file shown to us by the learned Counsel for the respondents. It clearly shows that the grounds have been framed on 17/05/1987

(2.) The provisions of Art. 22(5) of the Constitution of India conjoins a duty upon the detaining authority to communicate the grounds on which the order of detention has been made. This provision postulates that the grounds on which the order of detention in made should be made in existence when the order of detention is passed. On this point reference may be made to the following decisions of the Supreme Court.

(3.) In the instant case the grounds of detention have been framed subsequently. that is four days after the order of detention is passed and executed. On this point there is no controversy. Therefore on this ground alone the order of detention is required to be quashed and set aside.