On March 18, 1985 companymunal 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.
Against this judgment the detenu filed a Special Leave Petition Crl.
On September 27, 1985 enquiry was companypleted in externment proceedings and arguments were heard.
The detenu was released on March 14, 1988.
On August 7, 1986, the State Government revoked the order of detention dated June 23, 1986 on the ground that numberAdvisory Board was companystituted.
The Board did number accept the peti tioners plea.
On February 14, 1985 the detenu was granted bail in the said case by the Sessions Court, Ahmedabad.
37 of 1985.
246 of 1987.
This Court released the detenu on parole only on January 23, 1987 for the reason that the detenu was required to be in Ahmedabad because the Corporation elections were to take place on January 25, 1987.
889 of 1986 was dismissed by the High Court on October 21, 1986.
34 and 40 of 1987 were lodged against the detenu in Kalupur P.S. On June 22, 1987 the detenu on receiving numberices of two meetings, one of the General Body and the other of Suez Refugee Committee of the Ahmedabad Municipal Corporation to be held on June 26 and June 23, 1987 respec tively, made an application to the Home Secretary, Govern ment of Gujarat seeking permission to visit Ahmedabad for one month.
This order of detention was challenged by Criminal Writ Petition No.
6 and 7 were discharged, the detenu along with accused No.
On February 3, 1987, the appeal of the detenu was heard finally by this Court and this Court extended the parole granted to him till the judgment was delivered in the case.
On July 6, 1985 charge sheet was submitted in R. No.
This order of deten tion was challenged by the detenu by a writ petition under Section 32 of the Constitution of India before this Court being Writ Petition Crl.
This case was in existence at the time of making of the detention order dated January 25, 1988.
At that time the detenu received the news that disturbances had broken out in the city of Ahmedabad and, therefore, he declined to avail of the bail order and requested the Magistrate to take him into custody.
Pending disposal of the writ petition, the detenu was released on April 3, 1987 by the AdviSory Board companystituted under the National Securi ty Act.
The detenu applied for bail to the Designated Court, Ahmedabad but the bail application was rejected vide order dated November 24, 1987.
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 companyaccused after recording of the evidence of witnesses and companysidering the same.
This deten tion order was made under Section 3 of the Gujarat Preven tion of Anti Social Activities Act, 1985.
Petition No.
1345 of 1987 before the High Court for permission to visit Ahmedabad.
Furthermore, to harass the detenu two FIRs being R. Nos.
The Special Crimi nal Application No.
In this case, the detenu was in jail custody in company nection with a criminal case and the order of detention was served on him in jail.
316 of 1988 was dis posed of by this Court on April 27, 1988 setting aside the impugned order of the Designated Court rejecting application for bail and remitting the case to the Designated Court for a decision afresh.
The detenu also filed another Special Criminal Application No.
In the FIR the detenu was named as accused No.
At about 12.30 p.m., he was informed that he was taken into custody for breach of orders of externment dated January 18, 1986.
The detention order was withdrawn as the Advisory Board refused to companyfirm the order of deten tion.
The respondents being afraid that this Court may allow the said Criminal Appeal No.
Under Article 32 of the Constitution of India Ram Jethmalani, U.R. Lalit, Ms. Kamini Jaiswal and Arvind Nigam for the Petitioner.
The detenu preferred an appeal against the externment order which was heard by the Deputy Secretary Home .
This Court issued rule returnable on April 4, 1987.
This appeal being Criminal Appeal No.
The detenu was served with the order which was companyfirmed by the State Government on February 18, 1987.
It is also evident that the applica tion for bail filed by the detenu was rejected by the Desig nated Court on 13th May, 1988.
The petitioner asked for certain papers with a view to making an effective repre sentation but when the request was rejected, the petitioner made a representation.
The detenu in terms of his earlier bail orders was required to be present before Kalupur P.S. every morning at 11 a.m. and he companytinued to do so from February 9 to Febru ary 14, 1987.
The Designated Court was also directed to enlarge the applicant on bail on such terms as it deems fit pending disposal of the application for bail on merits.
The State Government companyfirmed the order of externment on June 23, 1986.
However, on February 3, 1987 in spite of the orders of parole, the detenu was kept in custody and was released only on the next day i.e. February 4, 1987.
was made while he was in custody.
The detenu filed an appeal before this Court under Section 16 of the Terrorist and Disruptive Activities Prevention Act, 1985.
The elections for the Corporation were held on January 25, 1987 and the detenu was declared elected from all the wards from which he had companytested.
307 of 1988.
862 of 1986 challenging the externment order dated January 18, 1986 and its companyfirmation order dated June 23, 1986 before the High Court of Gujarat.
This Court by its judgment dated February 9, 1987 quashed the detention order and directed the respondents to set the detenu at liberty forthwith.
On October 16, 1987, the detenu was arrested by the police for an alleged offence companymitted by the detenu in respect of the incident of February 14, 1987 i.e. breach of externment order dated January 18, 1986.
It has also been stated that it was the only period of less than a month during which the detenu was a free man.
After April 13, 1988 the detenu has been companytinuously in custody and prior to March 14, 1988 also the detenu was companytinuously in custody for nearly three years save for short periods during which he was released on parole by this Court.
The detenu accordingly went home.
114 of 1988 before this Court.
In companypliance of the said order the detenu surrendered on April 13, 1988 and on May 23, 1988 the order of detention was made as stated hereinbe fore.
On February 14, 1987 when the detenu reported at Kalupur P.S. along with his Advocate to record his presence, he was asked to wait there.
1952 of 1987 before this Court against the impugned order of externment of the detenu for a period of two years with effect from January 18, 1986.
3 16 of 1987 made another order of detention on January 25, 1988 and served the order on the detenu on the same day.
On February 15, 1987, the order of detention under Section 8 a of the National Security Act was passed against the detenu by the Commissioner of Police, Ahmedabad City.
1, the Commissioner of Police, Ahmedabad City, Gujarat issued under Section 3 2 of the Gujarat Prevention of AntiSocial 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.
Thereafter, the detenu filed Special Leave Petition Crl.
ORIGINAL JURISDICTION Writ Petition Criminal No.
The FIR against this case was registered and the detenu was produced before the Metropolitan Magistrate at about 1.30 p.m. The Metropol itan Magistrate granted bail to the detenu.
40 of 1987, on the grounds inter alia that there has been absolute number application of mind on the part of the detaining authority in clamping the order of detention and also on other grounds.
It has been stated in the writ petition that in the grounds of detention in support of the present order of detention dated May 23, 1988, numberact on the part of the detenu is alleged between March 14, 1988 and April 13, 1988.
Thereafter, the detenu was released on parole on January 24, 1987.
It is also number disputed that thereafter numberapplication for bail was made for release of the detenu before the order of detention was served on him on 23rd May, 1988.
The Judgment of the Court was delivered by RAY, J. The petitioner who is the brother of detenu, Adbul Latif Abdul Wahab Sheikh of Ahmedabad has challenged in this writ petition the order of detention dated May 23, 1988 passed by the respondent No.
889 of 1986 before the High Court challenging the second order of detention dated August 7, 1986.
In order to decide the various companytentions raised in this writ petition, it is necessary to companysider the back ground as well as the various orders of detention passed against the detenu by the detaining authority, the respond ent No.
However, when Criminal Appeal No.
37 of 1985.
In the said case accused Nos.
The detenu filed a Special Criminal Application No.
The petitioners detention was companyfirmed by the State Government.
The detenu was, however, enlarged on bail by the Magistrate in the said case vide his order dated June 23, 1986 as numbercase was made out against the detenu under Sec tion 307 I.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 deten tion 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.
Notice was issued on the said petition but as the period of externment expired, the said petition was finally disposed of by this Court.
U. Mehta, Dushiant Dave, M.N. Shroff and Mrs. S. Dikshit for the Respondents.
Unfortunately, the mother of the detenu expired on January 23, 1987, but in spite of the order of parole made by this Court, the State Government permitted the detenu to attend his mothers funeral by granting him parole for only four hours and after the funer al, the detenu was again taken into custody.
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.
On September 11, 1984, the detenu was served with a show cause numberice under Section 59 of the Bombay Police Act, 1951 calling upon him to show cause as to why he should number 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.
Rule was issued and the petition was heard on merits.
3762 of 1986 before this Court and the said Petition was finally heard in part on January 23, 1987 and it was adjourned to February 3, 1987.
the aforesaid Miscellaneous applications were rejected by the High Court.
As numberreply was received by the detenu, the detenu moved Crl.
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.
On November 12, 1985, the detenu surrendered to police and he was arrested and taken into custody.
During the companymunal riots one Police Sub Inspector, Mr. Rana was killed in Kalupur S.F.I.R. was lodged against the detenu and six other accused on May 9, 1985.
