BABUBHAI RATILAL DHOBI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This writ petition under Art. 226 of the Constitution of India has been filed for quashing the detention order dated 7-2-1998 passed by the Detaining Authority in exercise of powers under See. 3(2) of the Gujarat Prevention of Anti-Social Activities Act. 1985 (for short "PASA Act") and for his immediate release from illegal detention.

(2.) Brief facts are that on 7/02/1995 Commissioner of Police. Vadodara City exercising the powers of Detaining Authority under PASA Act on the material placed before him against the petitioner reached subjective satisfaction that the petitioner is a dangerous person. This subjective satisfaction was arrived at for the reasons recorded in the grounds of detention and the grounds were based on the material placed before the Detaining Authority which consisted of documents and statements of three witnesses. The activity of (lie petitioner, according to the Detaining Authority, disrupted public order and his mere presence itself developed sense ol insecurity amongst citizens vis a their lives and properly. Applying mind to the alternative remedies the Detaining Authority concluded that except keeping the petitioner in preventive detention other remedies will not serve the purpose. Consequently, the order passed by the Detaining Authority has been challenged in this petition.

(3.) Learned Counsel for the petitioner has challenged the order of detention only on one ground, viz., that the petitioner is not a dangerous person within the meaning of Sec. 2(c) of the PASA Act and that the subjective satisfaction arrived at by the Detaining Authority on the basis of stray incidents between individuals and the petitioner could not be sufficient for branding the petitioner as "dangerous person". The detention order was. therefore, assailed on that ground only. Other grounds taken in the writ petition were not pressed by the learned Counsel for the petitioner.