Basirkhan Alibhai Belim vs. State Of Gujarat
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Honourable Mr. Justice S.K.Keshote
Listed On:
27 Feb 2001
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Order Text
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 12023 of 2000
For Approval and Signature:
Hon'ble MR.JUSTICE S.K.KESHOTE
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| 1. Whether<br>Reporters<br>of<br>Local Papers may be allowed<br>to see the judgements? | : NO |
| 2. To be referred to the Reporter or not? | : NO |
| 3. Whether Their<br>Lordships<br>wish to see the fair copy<br>of the judgement? | : NO |
| 4. Whether<br>this<br>case involves a substantial question<br>of law as to the interpretation of the Constitution<br>of India, 1950 of any Order made thereunder? | : NO |
| 5. Whether<br>it is to be circulated to the Civil Judge? | : NO |
| STATE OF GUJARAT<br>-------------------------------------------------------------- | |
| Appearance: | |
| MR HR PRAJAPATI for Petitioner | |
| MR HH PATEL for Respondent No.<br>1, 2, 3 | |
| --------------------------------------------------------------<br>CORAM : MR.JUSTICE S.K.KESHOTE | |
| Date of decision: 27/02/2001 | |
| ORAL JUDGEMENT | |
| #.<br>The petitioner was detained as a bootlegger under the | |
| order<br>dated<br>12-10-2000<br>of<br>the<br>District<br>Magistrate, |
#. Learned counsel for the respondents does not dispute
that the copies of statements of police persons recorded in the complaint which is made the basis for detention of the petitioner have not been supplied to the petitioner and as such he has been deprived of his valuable right of making effective representation as guaranteed to him under Article 22 (5) of the Constitution.
#. In the result, this petition succeeds and the same is allowed. The order of detention of the petitioner dated 12-10-2000 is quashed and set aside. The petitioner Basirkhan Alibhai Belim, the detenu, at present in Rajkot Jail, Rajkot be set at liberty forthwith, if he is not required in any other case. Rule is made absolute. No order as to costs.
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