SHANKARBHAI BABUBHAI PATEL Vs. SANAT KAUL

JUDGEMENT

(1.) THE detention order came to be passed by the Detaining Authority of the Union Territory on 17-2-99 and on 18-2-99 a communication was issued by the said Detaining Authority containing the grounds of detention, which was served on the detenu on or about 24-2-99. Thereafter on or about 25-2-99 an order was issued by respondent No. 1 wherein it was stated that the respondent No. 1 satisfied that the detenu was acting in a manner prejudicial to the maintenance of Public Order and that therefore, in exercise of the powers conferred under section 3 (3) of the said P. A. S. A Act the respondent No. 1 approved the said order of detention. The said order was served on the detenu on 29-2-99.

(2.) BEING aggrieved by the said order of detention and the grounds on which it is purported to have been issued, the petitioner, who is the brother of the detenu Ishwarbhai Babubai Patel, has filed this petition challenging the said detention order and its validity.

(3.) IT is an accepted position that detention is based entirely on the subjective satisfaction of the Detaining Authority. The provisions of the detention power relied on by the Detaining Authority is the one that was given as per the Government of India Notification and Gazette dated 25th September, 1995 whereby the Gujarat Prevention of Anti Social Activities Act, 1985 came to be extended to the Union Territory of Daman and Diu. The aforesaid Gujarat Act was modified to deal with the situation in the Union Territory. However, initially the provision of the said Act remained the same as could be seen from definition clause, section 2 as also the power conferred on the Administrator under section 3 thereof.