1993 Supreme(Guj) 321
Gujarat High Court
Judgename :K.G.Shah, K.R.VYAS
Osman Ali Khataki - Appellant
Versus
COMMISSIONER OF POLICE, RAJKOT CITY - Respondent
S.CRI.A.140 of 1993
Decided On : 08/25/1993
Headnote:
Constitution of India - Article 226 - Gujarat Prevention of anti-Social Activities Act, 1985 - Section 3 (2) - Writ Petition - Detention - Petitioner has been detained under the order Annexure-A to the petition, passed by the Police Commissioner - Respondent No. 1 herein - under Section 3 (2) of the Act on the allegation that he is a dangerous person - Held, No hard and fast rule can be laid down in this behalf, but what is essential is that the detenu must show that the failure to supply the documents before the meeting of the advisory Board, had impaired or prejudiced his right, however slight or insignificant it may be - Thus the dictum case is clear and explicit - It postulates that merely because the detenu makes a demand for certain documents, it does not become incumbent upon the detaining authority to supply those documents to him, nor would the detention order fail, if such documents are not supplied to him, so long as the non-supply of those documents, has not resulted in impairment or prejudice to the rights of the detenu to make an effective representation - Here, in the case on hand before us, as we see, the right of the petitioner to make an effective representation, has not at all been impaired or prejudicially affected, on account of the non-supply of the documents, viz. the panchnamas, etc. in relation to the three cases under the I. P. Code registered against him, about which he has made a demand in his representation - The submission based on the non-supply of those documents made by Mr. Patel, in our opinion, has no merit - Petition rejected
( 1 ) THE petitioner has been detained under the order Annexure-A to the petition, dated October 16, 1992, passed by the Police Commissioner, Rajkot City - respondent No. 1 herein - under Section 3 (2) of the Gujarat Prevention of anti-Social Activities Act, 1985 (for short the PASA"), on the allegation that he is a dangerous person. By this petition under Article 226 of the Constitution, he has challenged the detention order and his continued detention.
( 2 ) IN the grounds of detention annexure-C to the petition, it is stated that the petitioner is indulging in violent activities in the areas of Jaganath Plot, radhe Hotel, Bilwas and Girnar Cinema, and there the petitioner moves about carrying with him lethal weapons like knives, and he, with the help of his associates, with a view to carrying out his common object, assaults, beats and belabours people in public, and injures them by means of knives and glass pieces, and such anti-social activities of the petitioner are prejudical to the maintenance of public order in the city of Rajkot. It is also stated in the grounds of detention that four cases as detailed in the grounds of detention have been registered against the petitioner at the police Stations in the City of Rajkot. The first case is in relation to the incident dated May 6, 1992, and in that connection it is stated in the grounds of detention that one Amrut Kalu Gadhvi had, on that day, gone to Girnar Cinema and as the said Amrut Kalu could not get ticket at the booking window for the reason that there was houseful in the theatre, the petitioner who was present there, at first asked the said Amrut Kalu to give him rs. 15 - if he (Amrut Kalu) wanted the cinema ticket, whereupon when Amrut kalu took out currency notes from his pocket with a view to purchase the ticket from the petitioner, the petitioner noticed that Amrut Kalu had with him Rs. 500/, and therefore, the petitioner lured away amrut Kalu in a nearby lane where two other associates of the petitioner were standing, and there Amrut Kalu was assaulted by the petitioner and his associates and they robbed away the money from Amrut Kalu, and in that connection an offence punishable under sections 392, 323, 114 I. P. Code has been registered at C. R. No. 267/92, against the petitioner and others on May 8, 1992. The second case registered against the petitioner was in relation to an offence that was committed by the petitioner on august 14, 1992. In the incident that led to the registration of the said case, the petitioner robbed away Rs. 100/ from one ramesh Shamjibhai near Radhe Hotel, and an offence in that connection punishable under Sections 397 and 114 i. P. Code and Section 135 Bombay Police act was registered at C. R. No. 501/92 on august 14, 1992. The third case registered against the petitioner was in relation to the incident that happened on July 28, 1992, in which the petitioner had assulted and intimidated one Sunil Babubhai Brahmin on the ground that he was a Brahmin. The fourth case registered against the petitioner was on the basis that on september 12, 1992, the petitioner carried with him in public place a big knife in violation of the prohibitory orders issued by the concerned authority under Section 37 (1) of the Bombay Police Act, and had thus committed an offence punishable under Section 135 of the Bombay Police act. After giving the details of the four cases registered against the petitioner in the grounds of detention, the detaining authority stated that even persons other than the victims of the aforesaid four cases have become victims of the anti-social activities of the petitioner. But out of fear emanating from the petitioner, they are not prepared to go to the police station and lodge information against the petitioner. However, some of such persons have been taken into confidence and on the assurance of anonimily about them being maintained, they have made statements. After making these statements in the grounds of d