Gujarat High Court
SCA/3909/2001 of HALIMBEN IBRAHIMBHAI SANDHI Vs STATE OF GUJARAT on 4 December 2001
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 3909 of 2001 For Approval and Signature: Hon'ble MR.JUSTICE R.P.DHOLAKIA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 3909 of 2001
For Approval and Signature:
Hon'ble MR.JUSTICE R.P.DHOLAKIA
============================================================ 1. Whether Reporters of Local Papers may be allowed : NO
to see the judgements?
2. To be referred to the Reporter or not? : NO
3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- HALIMBEN IBRAHIMBHAI SANDHI
Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance:
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1. Special Civil Application No. 3909 of 2001 MS SUBHADRA G PATEL for Petitioner No. 1 MRS HANSABEN PUNANI, AGP for Respondents No. 1-3 -------------------------------------------------------------- CORAM : MR.JUSTICE R.P.DHOLAKIA
Date of decision: 04/12/2001
ORAL JUDGEMENT
The petitioner has been detained under the provisions of Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as `the Act of 1985') by the order dated 13-5-2001 passed by the Police Commissioner, Rajkot City and she has been declared as bootlegger.
2. It is now well settled that unless the activities of a person as bootlegger has disturbed the maintenance of public order, she cannot be detained under the Act. Reliance is placed on a decision of the case of Piyush Kantilal Mehta Vs. Commissioner of Police, Ahmedabad & Ors. reported in AIR 1989 SC 491.
3. Heard learned advocate for the petitioner and learned APP for the State. Also perused the material on record. It is submitted by the learned advocate for the petitioner that the detaining authority has relied upon two prohibition cases registered against the petitioner before Bhaktinagar Police Station, Rajkot in passing the order of detention. According to learned advocate for the petitioner, the detenu has submitted a representation by R.P.A.D. to the detaining authority through advocate on 18-5-2001. Producing copy of said representation along with the reply sent by the authority to the detenu, he has contended that representation has been received by the State Government on 21-5-2001 and though it has been rejected on 2-6-2001, same has been communicated to the detenu on 12-6-2001 and hence, there is a delay in deciding the representation and communicating the decision to the detenu. Copies of the said representation and reply sent by the authority are ordered to be taken on record. He has relied upon the case of Harish Pahwa Vs. State of U.P. and others, AIR 1981 S.C. 1126, more particularly para 3 which runs as under:
"The representation made by a detenu has to be considered without any delay. The Supreme Court does not look at equanimity upon delays when the liberty of a person is concerned. Calling comments from other departments, seeking the opinion of Secretary after Secretary and allowing the representation to lie without being attended to is not the type of action which the State is expected to take in a matter of such vital importance. It is the duty of the State to proceed to determine representations with the utmost expedition, which means that the matter must be taken up for consideration as soon as such a representation is received and dealt with continuously (unless it is absolutely necessary
to wait for some assistance in connection with it) until a final decision is taken and communicated to the detenu. Where this is not done the detention has to be declared unconstitutional."
4. In the present case, it appears that the detenu has sent the representation on 18-5-2001 to the detaining authority which was received by the State Government on 21-5-2001 and though said representation has been rejected by the State Govt. on 2-6-2001, same has been communicated to the detenu on 12-6-2001 i.e. after a period of 10 days and no explanation has been putforward by the authority explaining satisfactorily the delay caused in deciding the representation and communicating the decision to the detenu. In view of the above judgment of the Apex Court, the continued detention of the detenu is bad and the same cannot be sustained. Learned advocate for the petitioner does not press any other points.
5. The petition is allowed. The impugned order of detention dated 13-5-2001 passed against the detenu is hereby quashed and set aside. The detenu Halimaben Ibrahimbhai Sandhi is hereby ordered to be set at liberty forthwith, if not required in any other case. Rule is made absolute accordingly with no order as to costs.
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