Case Note & Summary
The judgment pertains to a batch of Special Civil Applications filed by detenus challenging their preventive detention orders under the Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA Act). The lead case is Minaben Tarunbhai Thakkar v. State of Gujarat & Ors. The detenus were involved in illegal mining and transportation of minerals without valid passes, in violation of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. The detaining authority passed orders under Section 3(2) of the PASA Act, classifying the detenus as 'dangerous persons' whose activities were prejudicial to the maintenance of public order. The detenus challenged the orders primarily on the ground that certain documents relied upon by the detaining authority, such as statements of witnesses and panchnamas, were not supplied to them, thereby infringing their right to make an effective representation under Article 22(5) of the Constitution of India. The Court examined the records and found that the detaining authority had supplied all relevant documents, including the grounds of detention and the material considered. The Court held that non-supply of irrelevant or duplicate documents does not vitiate the detention order. The Court further held that the activities of illegal mining and transportation of minerals without valid passes are prejudicial to public order and fall within the definition of 'dangerous person' under Section 2(c) of the PASA Act. The Court dismissed all the petitions, upholding the detention orders.
Headnote
A) Preventive Detention - PASA Act - Non-Supply of Documents - Right to Make Representation - The detenu challenged the detention order on the ground that certain documents, including statements of witnesses and panchnamas, were not supplied to him, thereby violating his right under Article 22(5) of the Constitution of India. The Court held that the detaining authority had supplied all relevant documents and the detenu was aware of the grounds of detention; non-supply of irrelevant or duplicate documents does not vitiate the order. (Paras 1-8) B) Illegal Mining - Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 - Preventive Detention - The detenu was involved in illegal mining and transportation of minerals without valid passes. The Court held that such activities are prejudicial to the maintenance of public order and fall within the ambit of 'dangerous person' under Section 2(c) of PASA Act. (Paras 1-8) C) Constitutional Law - Article 22(5) - Right to Representation - The Court reiterated that the right to make an effective representation is a fundamental right, but it is not violated if the detenu is supplied with all material documents that form the basis of the detention order. The detenu failed to show any prejudice caused by non-supply of certain documents. (Paras 1-8)
Issue of Consideration
Whether the detention order under the Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA) is vitiated due to non-supply of certain documents relied upon by the detaining authority, thereby infringing the detenu's right to make an effective representation under Article 22(5) of the Constitution of India.
Final Decision
All the Special Civil Applications and Civil Applications are dismissed. The detention orders are upheld.
Law Points
- Preventive detention
- PASA Act
- illegal mining
- non-supply of documents
- right to make representation
- Article 22(5) of Constitution of India
- Gujarat Mineral Rules 2017
