RAMESH VANDHA MODHWADIAYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Pranav Dave, learned Assistant Government pleader, waives service of Rule for the respondents.

(2.) THIS petition under Article 226 read with Articles 14, 19 and 21 of the Constitution of India challenges the order of detention dated 28. 04. 2009 passed by the respondent No. 2 in exercise of the powers conferred under subsection (2) of Section 3 of the Gujarat Prevention of anti Social Activities Act, 1995 (hereinafter referred to as the "pasa" for short), detaining the detenu Shri Ramesh Vandha Modhwadiya and ordering to send him to sub jail, Rajpipla.

(3.) WHILE exercising the above powers under subsection (2) of section 3 of the PASA, the detaining authority has stated that the activity of the detenu is prejudicial to the public order and, therefore, it is imperative for the detaining authority to exercise such powers.