IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 11887 of 2000 For Approval and Signature: Hon'ble MR.JUSTICE S.K.KESHOTE ============================================================ 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 -------------------------------------------------------------- IBRAHIMBHAI HASAN GORI Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: MR HR PRAJAPATI for Petitioner MR SAMIR DAVE AGP for Respondent No. 1, 2, 3 -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 17/02/2001 ORAL JUDGEMENT #. Heard learned counsel for the parties. #. The petitioner was detained as a dangerous person under the order of the District Magistrate, Bharuch dated 6.10.2000 and he is presently at Ahmedabad Central Prison, Ahmedabad. #. Challenging this order manifold contentions are raised by the learned counsel for the petitioner but as this petition deserves to be allowed only on one ground it is not necessary to refer all those contentions, discuss and decide. #. It is not in dispute that none of the respondents has filed reply to the Special Civil Application. #. In para (p) of the Special Civil Application the petitioner grievanced that the copy of the vital documents viz. statements of witnesses recorded under Section 161 of the Cr.P.C. in the criminal complaint which are made basis for detention of the petitioner were not supplied to him and as a result of which he has been deprived of his valuable right of making effective representation against the detention order as guaranteed under Article 22(5) of the Constitution of India. #. I have given my thoughtful consideration to the submission made by the learned counsel for the petitioner. #. In the representation filed by the petitioner against the detention order, I find that the demand of the copies of these documents has been made by the petitioner. It is a clear case where despite of making demand of copies of the documents in the representation which are certainly vital and relevant to the matter same were not given to him and the petitioner is deprived of his valuable right to make effective representation as guaranteed under Article 22(5) of the Constitution of India. In the result, this petition succeeds and the same is allowed. The order of detention of the petitioner dated 6.10.2000 is quashed and set aside. The petitioner Ibrahim Hasan Gori, the detenu, at present in Sabarmati Central Jail, Ahmedabad, be set at liberty forthwith, if he is not required in any other case. Rule is made absolute. As the respondents fairly conceded the position, no order as to costs. (S.K.Keshote, J.) *Pvv