D.B. CIVIL WRIT (HABEAS CORPUS) PETITION NO.2552/2009 DATE OF ORDER : 18.05.2009 HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. R.K. Charan, for the petitioner. Mr. B.K. Mehar, Govt. Counsel. Heard learned counsel for the parties and gone through the detailed order dated 6th November, 2008 passed by the Advisory Board, whereby, the Advisory Board was of the opinion that the detenue is involved in the activities as mentioned in Section 3 of the Prevention of Anti-Social Activities Act, 2006 (hereinafter referred to as the Act) and his detention order passed by the learned District Magistrate was justified. It has been contended by learned counsel for the petitioner that no notice as required under Section 12 of the Act has been issued to the petitioner. We have gone through Section 12 of the Act. It is not mandatory for the Advisory Board to issue notice to the detenue under Section 12 of the Act. Sub-section (1) of Section 12 of the Act reads as under : “(1) The Advisory Board, shall after considering the materials placed before it and, after calling for such further information as it may deem necessary from the State Government or from any person called for the -2- purpose through the State Government or from the detenu and if, in any particular case, the Advisory Board considers it essential so to do or it the detenu desires to be heard, after hearing the detenu in person, submit its report to the State Government, within fifty days from the date of detention of the detenu. In view of the above provision, the detenue is required to be heard only, if he so desires. Since, there was no application on behalf of the detenue, therefore, the learned District Magistrate and the learned Advisory Board have passed the orders in accordance with law. Accordingly, this Writ Petition (Habeas Corpus) is dismissed. (DEO NARAYAN THANVI), J. (A.M. KAPADIA), J. ms rathore