BAHADURSINH GSAMBHIRSINH PARMAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner challenges the order of detention, dated 16.9.2008 passed against him by the respondent No.1 Commissioner of Police, Ahmedabad city in exercise of powers under sub-section (2) of section 3 of the Gujarat Prevention of Antisocial Activities Act, 1985 (hereinafter referred to as the PASA Act).

(2.) The facts of the case stated briefly are that the petitioner is a business man. It appears that in connection with certain first information reports registered against him, an order of detention dated 16th September 2008 has been passed against him, which is subject matter of challenge before this Court at the pre-execution stage. It is the case of the petitioner that, in respect of the offence registered vide Bapunagar Police Station I C.R. No.208/2008, a co-accused of the petitioner, namely, Nagjibhai Sagarbhai Rabari had been detained under the PASA Act vide order dated 16th September 2008. That the petitioner being a co-accused, he was apprehending that a similar order has been passed against him and therefore, has approached this Court by way of the present petition. According to the petitioner, the order of detention passed against the co-accused has been revoked by the State Government, upon the advice of the Advisory Board. It is also the case of the petitioner that he has made a representation before the Joint Secretary, Home Department as well as other concerned authorities on 3rd November, 2008 against the order of detention allegedly passed against him. According to the petitioner, since the order in case of the co-accused has already been revoked by the State Government, no useful purpose would be served by executing the order against the petitioner on the same grounds.

(3.) Pursuant to issuance of notice, an affidavit in-reply dated 18th February 2009 came to be filed by the detaining authority wherein it has been alleged that the petitioner has been evading execution of the order of detention and is absconding. It is further stated that the detaining authority, after carefully considering, perusing, examining and applying his mind to all the relevant materials placed before him as well as legal provisions applicable to the same, was subjectively satisfied that the petitioner is a dangerous person as defined under Section 2(c) of the PASA Act and has, therefore, passed the order of detention against the petitioner to prevent him from acting in any manner prejudicial to the maintenance of public order. It is stated in the affidavit that the case of the petitioner does not fall within any of five criteria laid down in the decision of the Supreme Court in Additional Secretary to the Government of India and others v. Smt. Alka Subhash Gadia and another, 1992 Supp. (1) SCC 496, hence, the petition is required to be dismissed. Vide order dated 19th February 2009, this Court, after considering the affidavit in-reply filed by the respondent No.1, observed thus: