JUDGMENT

RAY, J. :— The petitioner who is the brother of detenu, Abdul Latit Abdul Wahab Sheikh of Ahmedabad has challenged in this petition the order of detention dated May 23. 1988 passed by the respondent No. 1, the .Commissioner of Police, Ahmedabad City, Gujarat issued under Section 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.

2. In order to decide the various contentions raised in this writ petition, it is necessary to consider the background as well as the various orders of detention passed against the detenu by the detaining authority, the respondent No. 1. On September 11, 1984, the detenu was served with a show-cause notice under Section 59 of the Bombay Police Act, 1951 calling upon him to show cause as to why he should not be externed from the limits of Ahmedabad City Police Commissioners jurisdiction and its surrounding areas as also from the rural areas of Gandhinagar, Kheda and Mehsana District limits for the activities of February, 1983 (or 1985). In 1985 the detenu was arrested for alleged offences under Sections 307, 143, 147, 148, 149 and 324 of Indian Penal Code in C.R. No. 37 of 1985. On February 14, 1985 the detenu was granted bail in the said case by the Sessions Court, Ahmedabad. On March 18, 1985 communal riots broke out in Ahmedabad city and on March 24, 1985 an order of detention under the National Security Act was passed against the detenu by the respondent No. 1. During the communal riots one Police Sub- Inspector, Mr. Rana was killed in Kalupur P. S. F. 1. R. was lodged against the detenu and six other accused on May 9, 1985. In the FIR the detenu was named as accused No. 2. On July 6, 1985 charge-sheet was submitted in C.R. No. 37 of 1985. On September 27, 1985 enquiry was completed in externment proceedings and arguments were heard. On November 12, 1985, the detenu surrendered to police and he was arrested and taken into custody. In the said case accused Nos. 6 and 7 were discharged, the detenu along with accused No. 4 was tried in the said charge by the Principal Judge. Sessions Court who by his judgment dated May, 26, 1986 acquitted the detenu and the co-accused after recording of the evidence of witnesses and considering the same. The detenu was, however, enlarged on bail by the Magistrate in the said case vide his order dated June 23, 1986 as no case was made out against the detenu under Section 307, 1. P.C. and the offence, if any, was only under Section 324, I. P.C. The detenu was released from jail on June 23, 1986 and immediately as he came out, an order of detention under the Prevention of Anti-Social Activities Act (PASA) was served on the detenu there and then and he was once again taken into custody. It is relevant to mention in this connection that on January 18, 1986 the order of externment of the detenu from Ahmedabad City and rural areas of Gandhinagar etc. was made while he was in custody. The detenu preferred an appeal against the externment order which was heard by the Deputy Secretary (Home). The State Government confirmed the order of externment on June 23, 1986. On August 7, 1986, the State Government revoked the order of detention dated June 23, 1986 on the ground that no Advisory Board was constituted. On the same day, however, the State Government passed the second order of detention under PASA and the same was served on the detenu on the same day. The detenu filed a special Criminal Application No. 1862 of 1986 challenging the externment order dated January 18, 1986 and its confirmation order dated June 23, 1986 before the, High Court of Gujarat. The detenu also filed another Specia