HARIJAN MAGANBHAI CHATURBHAI Vs. DISTRICT MAGISTRATE SURENDRANAGAR

JUDGEMENT

(1.) The petitioner in this writ petition under Art. 226 of the Constitution of India has prayed for a writ of certiorari for quashing the detention order dated 23-6-1998 passed by the District Magistrate, Surendranagar under Sec. 2(c) of the Gujarat Prevention of Anti-Social Activities Act (for short 'PASA') and for a writ of habeas corpus for immediate release of the petitioner from illegal detention.

(2.) It appears from the grounds of detention as contained in Annexure "B" that the Detaining Authority considered the five registered cases under various sections of the I.P.C. which are pending trial before the competent Court and also considered the statements of the nine confidential witnesses and from the aforesaid material he arrived at subjective satisfaction that the petitioner is dangerous person within the meaning of Sec. 2(c) of the PASA. Accordingly, the impugned order of detention was passed which is under challenge in this writ petition only on two grounds.

(3.) The first ground of attack is that the provisions of Art. 22(5) of the Constitution of India have been violated inasmuch as the Detaining Authority in the grounds of detention has not claimed any privilege under Sec. 9(2) of the PASA. The learned Counsel for the petitioner contended that since this privilege was net l claimed by the Detaining Authority in the grounds of detention, he was duty-bound to disclose the names and addresses of the nine confidential witnesses and was also duty-bound to supply the entire statements of the confidential witnesses and since this was not done, safeguards provided under Art. 22(5) of the Constitution of India were violated on account of which the detention and continued detention of the petitioner has been rendered illegal.