KISHOR NAGINBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Commissioner of Police, Vadodara city, Vadodara passed an order on 1 2/02/1999 in exercise of powers under sub-section [2] of section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 [for short, `the PASA Act'] detaining the petitioner under the PASA Act. The grounds of detention reveal that the detaining authority took into consideration two of the offences registered against the petitioner. The authority also considered that the petitioner acts in a high-handed manner and has formed a gang for pursuing his illegal activities. The authority verified the statements of two witnesses whose identity has not been disclosed in exercise of powers u/s 9[2] of the PASA Act and recorded a subjective satisfaction that the petitioner is engaged in illegal and antisocial activities endangering the life and property of public and people have fear and apprehension from him, as a result of which, people are not prepared to come forward and lodge a complaint against the petitioner. The detaining authority, therefore, considered the detention as the only remedy that can be resorted to in order to deter the petitioner from pursuing his illegal activities.

(2.) The petitioner made a representation which was considered and turned down.

(3.) The petitioner has therefore approached this Court with this petition under Article 226 of the Constitution of India. The petitioner in the petition has taken many grounds to challenge the order of detention.