S. RATNAVEL PANDIAN, J. - (1.) THE above three writ petitions under Article 32 of the Constitution of India, filed by three different petitioners/detenus are heard together and disposed of by this common judgment as contentions are raised challenging the validity of the impugned orders of detention dated 16 -9 -1988.
(2.) THE detention orders in the above cases were passed by the Commissioner of Police, Ahmedabad, the first respondent herein, in exercise of the powers conferred by sub -Section (i) of Section 3 of the Gujarat Prevention of Anti -Social Activities Act, 1985 -hereinafter referred to as the 'Act' -with a view to preventing the petitioners/detenus from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad city. All the grounds of detention which are similar except the reference of the cases registered against each of the petitioners spell out that the detaining authority has reached his subjective satisfaction on the materials before him that all the petitioners are 'dangerous persons' within the ambit of Section 2(c). At the end of each grounds of detention, it is specifically averred that "the copies of the papers shown in the schedule are given to you hereby" meaning thereby that all the cases noted in Annexure 'D' have been taken into consideration against each of the writ petitioners for holding that they are all 'dangerous persons'. We would like to reproduce Annexure 'D' to the grounds of detention for appreciating the contentions urged on behalf of the petitioners : - "The sheet showing the fact of the papers of the secret inquiry against (1) Nasirkhan, (2) Sharif khan and (3) Mehboobkhan." JUDGEMENT_568_3_1989Html1.htm Sd/ Police Inspector, Kagdapith, Ahmedabad City
(3.) THE learned counsel appearing for the petitioners assailed the validity of the impugned orders of detention on the ground that they suffer from the vices of non -application of mind and extraneous consideration. Before adverting to the arguments advanced by the learned counsel, we shall mention that all the three writ petitioners/detenus and one Ayubkhan Nawabkhan are brothers and admittedly there is no detention order against Ayubkhan Nawabkhan. As stated supra, these impugned orders arc based on the sole ground that the petitioners are 'dangerous persons'. In the grounds of detention under challenge in Writ Petition No. 478 of 1988 only two cases, registered against the detenu Mehboobkhan Nawabkhan are shown to have been considered for holding that the petitioner is a 'dangerous person' within the definition of Section 2 (c) of the Act. These two cases are shown under S1. Nos. 2 and 4 of Annexure 'D', extracted above. It is not in dispute that this writ petitioner is not at all concerned in any of the other cases mentioned under S1. Nos. 1, 3, 5 and 6 in Annexure 'D'.;