NASIRKHAN RASIDKHAN PATHAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) :- In this writ petition under Article 226 of the Constitution of India, the prayer is that a writ of habeas corpus may be issued ordering the release of the petitioner. There is another prayer in the nature of certiorari for setting aside the detention order passed by the detaining authority against the petitioner on 6-11-96.

(2.) The brief facts are that the Commissioner of Police, Ahmedabad City, on 6-11-96 passed an order of detention, Annexure "A" against the petitioner under Section 3 (2) of Prevention of Anti-social Activities Act, 1985 ( for short " PASA Act "). The grounds of detention are contained in Annexure "C". The grounds were furnished to the petitioner. From these grounds it appears that in view of six cases registered under Section 379 and 114 of the Indian Penal Code, against the petitioner in addition to statements of two witnesses, the detaining authority came to subjective satisfaction that the petitioner is a "dangerous person" within the meaning of Section 2 (c) of PASA Act and his activities were prejudicial to maintenance of public order, consequently the impugned order was passed.

(3.) This order has been challenged by learned counsel for the petitioner on 3 grounds :