AYUBKHAN KALANDARKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition under Art. 226 of the Constitution of India and prayed for a writ of mandamus or a writ in the nature of mandamus or any other writ order or direction directing the 2nd respondent to treat as cancelled the reference to violation of provisions of Secs 3 and 4 of the Terrorist and Dieruptive Activities (Prevention) Act 1987 hereinafter referred to as TADA Act) as made in column-5 (really it should be column-6) in the report made by the 2nd respondent i.e. Police Station Officer Gayakwad Haveli Police Station Jamalpur Ahmedabad in respect of complaint in question which is offered at C.R. No. 390 of 1989 of Gayakwad Haveli Police Station Ahmedabad and further prayed for a direction requiring the respondents to treat the impugned decision of the 2nd respondent to include violation of Secs. 3 and 4 of the TADA Act in the report made by the 2nd respondent cancelled and not quashing the said part in the impugned complaint He also prayed for interim relief restraining the respondents Nos. 1 and 2 from arresting him in connection with C. R. No. 390 of 1989 registered with Gayakwad Haveli Police Station Jamalpur Ahmedabad on such terms and conditions as may be deemed fit

(2.) According to the petitioner he is staying near Kachni Masjid Jamalpur Ahmedabad he is a Commerce Graduate and had stayed even in U.K. for one year for prosecuting his studies in Engineering he holds agricultural lands it Rasulpura Taluka Sanand District Ahmedabad he has also an interest in a house situated st Ahmedabad he is also occupant of the land with in a City Wall of Ahmedabad he has also an interest in the property of his family at Village Kot Bali Rajasthan he personally cultivates about 46 bighas of land at Sanand with a Farm House he also has an interest in 300 bishas of land at Village Sanand and he also has an interest in 21 chawlis situated near Kachhi Masjid Ahmedabad He has also interest in other properties as mentioned in the petition He has filed this petition 25 a citizen of India claiming to be entitled to the fundamental rights guaranteed under the Constitution of India.

(3.) It is inter alia averred in the petition that one Saiyed Abdulla Patel has filed First Information Report in Gayakwad Haveli Police Station which is registered at C. R. No. 390 of 1989 on 15-10-1989 It is inter alia alleged in the said FIR by said Saiyed Abdulla Patel that he is holding the post of the President of Yuva Congress of Jamalpur Ward and he is studying in T. Y. B.Com in the City College According to him he is residing with his parents and he has a friend named Salimbhai studying in 12th Standard in Ankur High School and his said friend is residing in Kachni Masjid Jamalpur Ahmeda- bad The petitioner is also staying in the same locality and the petitioners brother Sardarkhan is also doing work-there