Gujarat Court December 1987 Judgments

Parshottam Dahyabhai Chunara Vs. State of Gujarat and ors.

Court: Gujarat

Reported in: (1988)1GLR342

A.P. Ravani, J.1. Order of detention passed against the petitioner/detenu under the relevant provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'the Act') has been challenged inter alia on the ground that the grounds of detention, on the basis of which the satisfaction is required to be arrived at by the detaining authority, were not in existence on the date when the order of detention was passed and served upon the detenu. The order of detention is dated May 13, 1987. The grounds of detention served upon the detenu are dated May 17, 1987. We have looked at the original file shown to us by the learned Counsel for the respondents. It clearly shows that the grounds have been framed on May 17, 1987.2. The provisions of Article 22(5) of the Constitution of India conjoins a duty upon the detaining authority to communicate the grounds on which the order of detention has been made. This provision postulates that the grounds on which the order ...