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1999 Supreme(Guj) 25

D.C.SRIVASTAVA
HARIJAN MAGANBHAI CHATURBHAI – Appellant
Versus
DISTRICT MAGISTRATE,surendranagar – Respondent


Advocates Appeared: AMIT C.NANAVATI, D.R.Kachhavah, J.C.GOHIL

D. C. SRIVASTAVA, J.

( 1 ) THE petitioner in this writ petition under Art. 226 of the Constitution of India has prayed for a writ of certiorari for quashing the detention order dated 23-6-1998 passed by the District Magistrate, Surendranagar under Sec. 2 (c) of the Gujarat Prevention of Anti-Social Activities Act (for short pasa) and for a writ of habeas corpus for immediate release of the petitioner from illegal detention.

( 2 ) IT appears from the grounds of detention as contained in Annexure "b" that the Detaining Authority considered the five registered cases under various sections of the I. P. C. which are pending trial before the competent Court and also considered the statements of the nine confidential witnesses and from the aforesaid material he arrived at subjective satisfaction that the petitioner is dangerous person within the meaning of Sec. 2 (c) of the PASA. Accordingly, the impugned order of detention was passed which is under challenge in this writ petition only on two grounds.

( 3 ) THE first ground of attack is that the provisions of Art. 22 (5) of the constitution of India have been violated inasmuch as the Detaining Authority in the grounds of detention has not










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