- (1.)By filing this writ petition under Article 227 of the Constitution of India, the petitioner has challenged the order of detention No. PCB/DTN/PASA/618/2009 dated 30.09.2009 passed by the Police Commissioner, Ahmedabad City respondent No.1 in exercise of powers under sub-section (1) of section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 [hereinafter referred to as the PASA Act] detaining the petitioner as a "dangerous person", as being illegal, invalid, arbitrary, void ab-initio and suffers from total non-application of mind and also in violation of the provisions of Articles 21 and 22 of the Constitution of India.
(2.)Learned advocate for the petitioner, Mr. Raval, submitted that the grounds of detention do not indicate any satisfaction recorded by the detaining authority that the detenu is a "dangerous person" or activities of the detenu are detrimental to public order, and, therefore, the detention order is bad and illegal. He further submitted that the detaining authority has placed reliance on three registered offences but the same do not indicate anything to support disturbance to public order.
(3.)Learned advocate for the petitioner further submitted that on behalf of the petitioner, his lawyer submitted a representation dated 21.11.2009 to the State copy whereof was also forwarded to the Commissioner of Police, Ahmedabad as well as to the Secretary to PASA Advisory Board. A copy of the representation is produced at annexure 'C' to the petitioner at pages 15 to 17. He, however, submitted that the respondents have not considered the representation and till the date of filing of the petition, the respondents have not replied to the said representation.