VINOD KHUSHAL TIWARI Vs. POLICE COMMISSIONER

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India the petitioner has challenged the detention order dated 16.1.1998 passed by the Police Commissioner, Surat City, under Section 3(2) of the Prevention of Anti-social Activity Act (for short "PASA") and has prayed for quashing of the said order and has also prayed that he may be released forthwith from illegal detention.

(2.) From the grounds of detention it seems that the petitioner was adjudged to be a dangerous person and his activities were found prejudicial for maintenance of public order. Accordingly the impugned order was passed. The grounds of detention further show that the material before the Detaining Authrity for reaching the subjective satisfaction was two registered offences whose details were given in the grounds of detention and also statements of three confidential witnesses. Less drastic remedies were also considered by the Detaining Authority who found the same to be ineffective and not efficacious.

(3.) The detention order has been challenged by the learned Counsel for the petitioner on four grounds.