B.C.RAY, S.R.PANDIAN
Abdul Razak Nannekhan Pathan – Appellant
Versus
Police Commissioner, Ahmedabad – Respondent
Judgment
B.C. RAY, J.
(1) WE have already pronounced in court on 5/05/1989 the order allowing the writ petition and staling therein that the written judgment will follow later on.
(2) PURSUANT to this, we are passing the judgment embodying reasons. This writ petition is directed against the order of detention made under S. 3 ( 1 ) of Gujarat Prevention of Anti-Social Activities Act, 1985, mainly on the grounds that the grounds are not germane and relevant and there has been non-application of mind by the detaining authority in making the said order.
(3) THE detenu was arrested and kept in Sabarmati central Jail on 5/10/1988 under the impugned detention order made on 5/10/1988 by respondent 1, Shri S. N. Sinha, Police Commissioner, Ahmedabad City and the grounds had been served on him.
(4) THE detenu immediately thereafter made representations to the detaining authority as well as to the State government and also to the Advisory Board against the impugned order of detention questioning the legality and validity of the detention order. But uptil now he has not received any intimation in respect of his aforesaid representation. The detenu thereafter challeng
relied on : Pushkar Mukherjee v. State of West Bengal
Piyush Kantilal Mehta v. Commissioner of Police, Ahmedabad City
Ram Manohar Lohia v. State of Bihar
distinguished : Ashok Kumar v. Delhi Administration
relied on : Pushkar Mukherjee v. State of West Bengal
Piyush Kantilal Mehta v. Commissioner of Police, Ahmedabad City
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