( 1 ) BY this petition under Art. 226j Constitution of India petitioner-detenu Khimji Raja Harijan has prayed for the writ of Habeas Carpus and for quashing the detention order dated 31/01/1987 passed by the District Magistrate Bhavnagar the detaining authority under Sec. 3 of the Gujarat Prevention of Anti-social Activities Act 1985 (hereinafter referred to as the PASA Act) as on the detaining authority being satisfied that with a view to preventing the petitioner for acting in any manner prejudicial to the maintenance of public order it was necessary to detain him.

( 2 ) THE detention order was served to the petitioner at about 3 a. m. on 2/02/1987 at his residence at Mahalaxmi Mill Chawl Bhavnagar where his uncle Atubhai Bhikhabhai was residing with him. Shri S B. Patel Police Inspector of A Division Police Station Bhavnagar who served the detention order to the petitioner informed the petitioners uncle Atubai Bhikhabhai in writing about the detention of the petitioner under the PASA Act and also recorded the statement of Atubhai for that purpose. The grounds of detention dated 31/03/1987 were served to the petitioner at the time of serving the detention order and the petitioner was then lodged in prison at Bhuj-Kutch. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

( 3 ) DERIVING the support from the judgment of the Supreme Court in A. K Roy v. Union on India AIR 1982 SC 710 it is submitted that the family members of the petitioner were not informed in writing about the detention and also about the place where the petitioner was to be lodged and therefore the detention order vitiates.

( 4 ) THE information of the detention in this case was given in writing to the under of the petitioner. In the subsequently added paragraph 14a in the petition the petitioner contended that he was arrested by the Police on 31/01/1937 and was taken to the Police Station and his family members were not informed about his arrest and that he was detained in Special prison Bhuj and as the respondents failed to inform the petitioner is deprived of his personal liberty guaranteed under Art. 21 Constitution of India. That fact is denied by the respondents and affidavit is filed by Shri S. B. Patel Police Inspector of A Division Police Station Bhavnagar who had taken the petitioner in custody. Police Inspector Shri Patel has disposed in his affidavit that the Petitioner was taken in custody at 3. 00 a. m. on 2/02/1987 at the residence of the petitioner at Mahalaxmi Mill Chawl Bhavnagar. Petitioners paternal uncle Atubhai Bhikhabhai resides with him and he was informed in writing by Police Inspector Shri Patel that the petitioner was detained under the relevant provisions of the PASA Act and that he was to be lodged in special Prison Bhuj. He recorded the statement of Atubhai Bhikhabhai and secured his signature. Atubhai Bhikhabhai is a municipal Councilor and he had explained to Atubhai that tiffin could be sent to the petitioner if appropriate arrangements were made for the same by the family members. At the time of hearing Mr. G D. Bhatt learned Additional Public Prosecutor for the respondents had shown us the writing with the signature of Atubhai. Atubhai in his affidavit dated 24/08/1987 in rejoinder has admitted that he was informed by the Police Officer that the petitioner was to be detained in pursuance of the order of the District Magistrate Bhavnagar and his statement was recorded by the Police Officer wherein he had stated that he was informed that the petitioner was being detained by the order of the District Magistrate Bhavnagar He however denied in the affidavit that he was informed that the petitioner was lodged in Special Prison Bhuj and he came to know about it after 10 days when the petitioner had informed him by letter from Special Prison Bhuj. It is now practically admitted that Atubhai was informed in Writing about the detention order by Police Inspector Shri Patel. The learned Additional Public Pr