RAMESH VANDHA MODHWADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS writ of habeas corpus has been preferred by the petitioner a 21 year old youth, through his brother, challenging the order of detention passed by the District magistrate, Porbandar, in exercise of powers conferred on him under sub-Section (2) of Section 3 of the Gujarat Prevention of Anti-social Activities Act, 1985 (for short 'the PASA Act') and also for an order to set him free from detention.

(2.) LEARNED Single Judge rejected the special Civil Application after finding no illegality in the order of detention, against which, this appeal has been preferred.

(3.) BAGVADAR Police Station on 12. 02. 2008 received a complaint from one bhimabhai Ranmalbhai Modhwadiya against the detenu, his father and two others stating that in the evening of 10. 02. 2008 while a programme of devotional songs/ bhajan was going on at Lirbai Mataji temple at village Modhwada in commemoration of the death anniversary of the priest of the said temple, Ghogha maharaj, one Vandha Lila, the father of the detenu along with three others arrived at that place and tried to disrupt the programme. Vandha Lila, it was alleged was carrying a pistol with him and had threatened the crowd not to depose against him in a criminal case. Police on getting information arrived at the place, and the programme resumed uninterruptedly. Nobody at the that time filed any complaint, but due to the inspiration of the police, the complainant, Modhwadiya, filed the complaint against Vandha Lila, the detenu and others. F. I. R. against Vandha Lila, the detenue and others was registered at II-C. R. No. 10/08 at Bagvadar Police Station on 12. 02. 2008 for the offences punishable under Sections 506 (2) and 114 of the Indian penal Code, Section 135 of the Bombay police Act and Section 25 (1-B)A. B.) of the arms Act. Later, the detenu was arrested on 24. 04. 2009. Criminal Miscellaneous application No. 75 of 2009 was preferred for bail before the Principal District and sessions Judge, Porbandar, and the detenu was discharged on bail vide order dated 05. 05. 2009. While the detenu was on bail, he was served with an order of detention under Section 1 of the PASA Act on 07. 05. 2009, and he was detained at the sub-jail, Nadiad, on the same day. Representation submitted by the detenu was also rejected by the Advisory Board on 13. 05. 2009. The order of detention refers to the case registered with the Bagvadar Police station on 12. 02. 2008 and the statements of three witnesses recorded on 26. 04. 2009. Apprehension was also expressed that if the detenu is released from jail he would continue his anti-social activities. The detenu was described as a 'dangerous person' behaving like a head-strong person and a goonda, creating an atmosphere of fear among the people, beating people in pubic, thereby inculcating fear and insecurity amongst the people at large, and 1 his activities are prejudicial to the pubic order. Further, it is also stated in the detention order that for prevention of such activities, action can be initiated under section 110 of the Criminal Procedure : code, but it cannot be ensured that the detenu may act in good manner, and it is doubtful whether the detenu would behave properly, maintaining good behaviour. Further, it is also stated that though bail can be revoked under Section 437 (5) of the cr. P. C. so as to prevent the detenu from doing anti-social activities, there is all likelihood that he will continue dangerous activities during such periods. Detention order also says that since proceedings under section 59 of the Bombay Police Act, 1951 consume much more time, and as there is all possibility that the detenue may continue his anti-social activities as a dangerous person and cause disturbance in maintenance of public order, in exercise of powers under Section 3 (2) of the PASA act, the detenue be detained in public interest.