- (1.) This writ petition under Art. 32 of the Constitution of India has been filed by the petitioner challenging the correctness and validity of the detention order dated 19-8-1994 passed by the Commissioner of Police, Shahibagh, Ahmedabad City, detaining the petitioner in exercise of the powers conferred on him under sub-sec. (1) of Sec. 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'the Act') with a view to preventing the petitioner-detenu from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad City. In pursuance of the said order the petitioner has been detained in jail, Junagarh.
(2.) Briefly stated the alleged activities of the detenu-petitioner as set out in the grounds of detention dated 19-8-1994 are that the petitioner was habitually indulging in criminal and anti-social activities in the area of Shahpur, Patwasheri area of Teen Darwaza and Sardar Garden area of Ahmedabad City keeping firearms, beating and assaulting innocent citizens in public and creating an atmosphere of fear and terror in the said area. It has been alleged that the four witnesses have stated in their statements that the detenu-petitioner is a headstrong, fierce and habitual criminal and, therefore, nobody comes forward to complain against him and the said witnesses have made a request not to disclose their names and identity for fear of the petitioner and, therefore, the names and identity of the witnesses have not been disclosed in public interest under Sec. 9(2) of the Act. The relevant criminal activities as alleged against the detenu-petitioner are precisely detailed herein below : JUDGEMENT_479_CDJ(SC)_1995_1.html
(3.) On the basis of the aforementioned cases and material connected therewith as well as on the basis of statements of four witnesses the detaining authority came to the conclusion that the petitioner is an anti-social element and a dangerous person within the definition of Sec. 2(c) of the Act who is habitually engaged in committing and attempting to commit violent activities and creating an atmosphere of fear by keeping firearms without pass/permit and with a view to preventing the petitioner from acting in a manner prejudicial to the maintenance of public order passed the impugned order of detention.;