ABDUL HAMIDKHAN AMIRKHAN PATHAN Vs. MANMOHAN SING COMMISSIONER OF POLICE

JUDGEMENT

(1.) By an order made on 7/05/1982 Annexure A by the first respondent (the Commissioner of Police Ahmedabad) the petitioner was detained in the purported exercise of the powers conferred by sub-sec. (2) of sec. 3 of the National Security Act 1980 with a view to preventing him from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad city. The grounds of detention dated 7/05/1982 Annexure C were served upon the petitioner on 12/05/1982 On 17/05/1982 the second respondent (State of Gujarat) approved the order of detention under sub-sec. (4) of sec. 3 of the National Security Act 1980 The present petition was instituted on 25/05/1982 Rule was ordered to issue on the petition on 27/05/1982 and it was made returnable on 21/06/1982 The petition reached hearing before this Court on 6/08/1982 and the hearing having been concluded today it is being disposed of by this judgment.

(2.) The following grounds were urged in support of the petition on behalf of the petitioner;

(3.) though all the grounds set out above were urged at the hearing of the petition it is not necessary to deal with all of them. The petitioner is entitled to succeed on the strength of the first ground alone. We shall therefore deal only with the said ground.