KHUSHALBHAI JETHABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India two prayers have been made, one in the nature of certiorari for quashing the detention order dated 4.4.1998 passed by the Commissioner of Police, Vadodara, under Section 3(2) of the Prevention of Anti-Social Activities Act, 1985 (for short "PASA Act") and secondly in the nature of writ of habeas Corpus for immediate release of the petitioner from illegal detention.

(2.) Brief facts are that from the report of the Sponsoring Authority and after consideration of two cases under the Indian penal Code registered against the petitioner and also from the statements of three witnesses whose addresses and identities have been kept secret the Detaining Authority came to conclusion that the petitioner is a dangerous person and his activities are prejudicial to maintenance of public order. Considering that the alternative remedies are ineffective to put immediate control over the activities of the petitioner that the impugned order of detention of the petitioner was passed. It is this order which is under challenge in this petition.

(3.) The impugned order has been challenged by the learned Counsel for the petitioner on three grounds.