Gujarat High Court
SCA/7244/1996 of NOORBIBI HASHAMBHAI MANIYAR Vs COMMISSIONER OF POLICE FOR THE CITY OF AHMEDABAD. on 8 November 1996
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 7244 of 1996 For Approval and Signature: Hon'ble MR.JUSTICE M.R.CALLA ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 7244 of 1996
For Approval and Signature:
Hon'ble MR.JUSTICE M.R.CALLA
============================================================
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1. Whether Reporters of Local Papers may be allowed to see the judgements?
2. To be referred to the Reporter or not?
3. Whether Their Lordships wish to see the fair copy of the judgement?
4. Whether this case involves a substantial question 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?
-------------------------------------------------------------- NOORBIBI HASHAMBHAI MANIYARVersus COMMISSIONER OF POLICE FOR THE CITY OF AHMEDABAD. -------------------------------------------------------------- Appearance: MR ANIL S DAVE for Petitioner MR. NIGAM SHUKLA, Addl. P.P. for the respondents. -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA Date of decision: 08/11/96
ORAL JUDGEMENT
The petitioner is a lady detenu. This Special Civil Application is directed against the order dated 9.9.1996 passed by the Police Commissioner, Ahmedabad City whereby the petitioner has been detained under the Gujarat Prevention of Anti Social Activities Act, 1985. The petitioner is under detention lodged at Baroda Jail, Baroda.
This Special Civil Application was filed on 23.9.1996 and on 24.9.1996 rule returnable was issued. So far neither any reply has been filed nor affidavit of the detaining authority has been filed.
The grounds of detention enclosed with the detention order show that six criminal cases for offences under the Bombay Prohibition Act were registered against the petitioner. The petitioner is found to be engaged in unauthorised business of country liquor. Besides this, the detaining authority has also taken into consideration the statements made by certain witnesses against the detention order show that six criminal cases for offences under the Bombay Prohibition Act were registered against the petitioner. The petitioner is found to be engaged in unauthorised business of country liquor. Besides this, the detaining authority has also taken into consideration the statements made by certain witnesses against the petitioner's anti-social activities with regard to the incidents dated 4.8.1996 and 15.8.1996. The petitioner has been found to be a bootlegger and has been detained as such.
The detention order has been challenged on more than one grounds but the learned counsel has stressed that no case of breach of public order is made out. In view of the reasons given in the judgement dated 4.10.1996 in Special Civil Application No. 3879 of 1996, it is clear that the allegations and material relied upon by the detaining authority against the petitioner do not constitute a case of breach of public order. It is at the most a case of breach of law and order. The detention order deserves to be set aside on this ground alone.
Accordingly, the Special Civil Application is allowed and the impugned detention order dated 9.9.1996 passed by the Police Commissioner, Ahmedabad City, is hereby quashed and set aside and the petitioner's detention is declared to be illegal. The respondents are directed to release the petitioner and set her at liberty forthwith, if not petitioner and set her at liberty forthwith, if not required in any other case. Rule is made absolute.
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