ABDUL RAZAK ABDUL WAHAB SHEIKH Vs. S N SINHA COMMISSIONER OF POLICE AHMEDABAD

JUDGEMENT

(1.) THE Judgment of the court was delivered by

(2.) THE petitioner who is the brother of detenu, Abdul Latif Abdul Wahab Sheikh of Ahmedabad has challenged in this writ petition the order of detention dated 23/05/1988 passed by respondent 1, the Commissioner of Police. Ahmedabad City, Gujarat issued under S. 3(2 of the Gujarat Prevention of Anti-Social Activities Act, 1985 and served on the detenu while the detenu was in custody at Sabarmati central Prison under a judicial order of remand made by the Designated court. Ahmedabad in respect of C. R. No. 40 of 1987, on the grounds inter alia that there has been absolute non-application of mind on the part of the detaining authority in clamping the order of detention and also on other grounds.

(3.) THE detenu in terms of his earlier bail orders was required to be present before Kalupur P.S. every morning at 11 a.m. and he continued to do so from February 9 to February 14, 1987. On 14/02/1987 when the detenu reported at Kalupur P.S. along with his advocate to record his presence, he was asked to wait there. At about 12.30 p.m., he was informed that he was taken into custody for breach of orders of externment dated 18/01/1986. THE FIR against this case was registered and the detenu was produced before the Metropolitan Magistrate at about 1.30 p.m. THE Metropolitan Magistrate granted bail to the detenu. At that time the detenu received the news that disturbances had broken out in the city of Ahmedabad and, therefore, he declined to avail of the bail order and requested the Magistrate to take him into custody. On 15/02/1987, the order of detention under S. 8 (a) of the National Security Act was passed against the detenu by the Commissioner of Police, Ahmedabad City. THE detenu was served with the order which was confirmed <PG>226</PG> by the State government on 18/02/1987. This order of detention was challenged by the detenu by a writ petition under Article 32 of the Constitution of India before this court being Writ Petition (Cri.) No. 246 of 1987. This court issued rule returnable to 4/04/1987. Pending disposal of the writ petition, the detenu was released on 3/04/1987 by the Advisory Board constituted under the National Security Act. Furthermore, to harass the detenu two FIRs being C.R. Nos. 34 and 40 of 1987 were lodged against the detenu in Kalupur P.S. On 22/06/1987 the detenu on receiving notices of two meetings, one of the General Body and the other of Suez Refugee Committee of the Ahmedabad Municipal Corporation to be held on June 26 and June 23, 1987 respectively, made an application to the Home secretary, government of Gujarat seeking permission to visit Ahmedabad for one month. As no reply was received by the detenu. the detenu moved Cri. Misc. Petition No. 1345 of 1987 before the High court for permission to visit Ahmedabad. THE aforesaid miscellaneous applications were rejected by the High court. THEreafter, the detenu filed Special Leave Petition (Cri) No. 1952 of 1987 before this court against the impugned order of extemment of the detenu for a period of two years with effect from 18/01/1986. Notice was issued on the said petition but as the period of extemment expired, the said petition was finally disposed of by this court.