NATHALAL GOVINDJI JHAGADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner herein is a detenu who has been detained under the provisions of the Gujarat Disturbed Areas (Maintenance of Public Order) Ordinance 1980 being Gujarat Ordinance No. 17 of 1980. The detenu has been detained in pursuance of an order dated 18/08/1980 He was actually arrested on 10/08/1980 The ground of detention dated 18/08/1980 were furnished to detenu at the time of his arrest and thereafter this special criminal application under Art. 226 of the Constitution has been filed in this Court challenging this order of detention. The matter came up for admission before the Division Bench consisting of M. P. Thakkar add R. C. Mankad JJ. on 25/08/1980 On that day the Division Bench passed the following order:

(2.) The order of detention has been passed in this case by the Commissioner of Police Ahmedabad find it states that the Commissioner of Police was directing that the detenu should be detained in pursuance of the powers conferred on the Commissioner of Police by sec. 4 (2) (c) of the Ordinance and the order further stated that the order of detention was being passed with a view of preventing the detenu from acting in any manner prejudicial to the maintenance of public order. The grounds of detention dated Aug 18/08/1980 were furnished to the detenu as required by sec. 9 of the Ordinance and the grounds of detention stated as follows:

(3.) At this stage it is advisable to refer to the provisions of the Ordinance It was promulgated on 16/08/1980 and it appears to have been signed by the Governor of Gujarat on 15/08/1980 The Statement of Object and Reasons; mentions The law and order situation in the City of Ahmedabad has remained disturbed for the last two days causing great hardship inspite of steps taken under the provisions of existing laws to deal with that situation. It is necessary therefore to deal effectively with persons acting in any manner prejudicial to the maintenance of public order in the City of Ahmedabad as also in areas where such situation is likely to arise. It is therefore necessary to provide for preventive detention of persons acting in a manner prejudicial to the maintenance of public order in disturbed areas. As the Gujarat Legislative Assemble is not in session this Ordinance is promulgated to achieve the aforesaid object. Sec. 3 of the Ordinance provides in sub-sec. (1):