JABBARKHAN AZADKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Commissioner of Police, Ahmedabad City, Ahmedabad passed an order on 19-3-1999 in exercise of powers under Section 3(1) of the Gujarat Prevention of Antisocial Activities Act, 1985 (PASA Act) detaining the petitioner on the grounds stated in the grounds of detention.

(2.) The detenu challenges the order by this petition on several counts. The main grounds are that there is improper exercise of powers under Section 9(2) of the PASA Act, as the statements of the witnesses were recorded on 15th and 1 6/03/1999, the same were verified by the detaining authority on 19/03/1999 and the order was passed on that very day by the detaining authority. The detaining authority therefore had no time to consider the material before it and to arrive at a subjective satisfaction for the need for exercise of powers under Section 9(2).

(3.) Mr. Tirmizi has restricted his arguments to the above two grounds. He submitted that in light of the decision of this High Court in the case of Kalidas C. Kahar v. State of Gujarat as reported in 1993(2) GLR 1659 the order and verification on the same day would not provide any time for the detaining authority to consider the need for exercise of power under Section 9(2) and therefore the exercise of powers under Section 9(2) are not based on a satisfaction which could be said to be genuine.