FARUKH SHAIKH IBRAHIM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Through this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the detention order dated 22.6.1998 passed by the Police Commissioner, Surat City, under Section 3(2) of the Prevention of Anti-social Activities Act (for short "PASA") and has prayed for quashing of the said detention order and has further prayed that he may be released from illegal detention.

(2.) From the grounds of detention it appears that the petitioner was found to be dangerous person in view of his repeated commission of offences punishable under Chapter : XVI & XVII of the Indian Penal Code. Beside this, two confidential witnesses narrated the two incidents which, in the opinion of the Detaining Authority, created situation prejudicial for maintenance of public order. The detaining Authority also considered alternative efficacious remedies and found that action under Section 107 and 110 of the Code of Criminal procedure could not be efficacious. Notice of externment was also issued to the petitioner under Section 56(A) & (B) of the Bombay Police Act on 30.3.1998. Still the petitioner committed offence during the period when show cause notice was in force against him. The details of the subsequent commission of offence are to be found at Sr.No.2 of the grounds of detention.

(3.) Learned Counsel for the petitioner has challenged the impugned order only on one ground that the activities of the petitioner were not prejudicial for maintenance of public order.