BHOGILAL MANILAL PARMAR Vs. COMMISSIONER OF POLICE BARODA

JUDGEMENT

(1.) A Division Bench of this Court consisting of two of us (S. B. Majmudar and B. S. Kapadia JJ ) by an order dated January 1988 referred the following question for decision of a larger bench:

(2.) In order to appreciate the contours of controversy centering round the aforesaid question it will be necessary to have a quick glance at a few introductory facts leading to this reference.

(3.) Introductory facts: The petitioner who is the detenu under the provisions of the Gujarat Prevention of Anti-Social Activities Act 1985 (hereinafter referred to as PASA) has challenged the order of his detention dated 1-7-1987 passed by the Commissioner of Police Baroda city on diverse grounds. By an amendment granted to the petition at para 18A he has challenged the vires of Rule 13 sub-clause (xi) of the Gujarat Conditions of Detention (PASA) Order 1985 The said sub-clause which existed at the relevant time read as under: