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Detention under the Gujarat Prevention of Anti-Social Activities Act, 1989 (PASA) based on being a boot-legger prejudicial to public order; Challenge to non-disclosure of witnesses' names affecting right to representation. Analysis: The petitioner was detained under PASA as a boot-legger prejudicial to public order, based on 23 criminal cases from 1984 to 1988, including cases related to prohibited liquor. The detaining authority also relied on statements of five witnesses implicating the petitioner in manufacturing and selling country liquor, creating terror. The order of detention was challenged due to the detaining authority's claim of privilege under Section 9(2) of PASA for not disclosing witnesses' names, impacting the petitioner's right to effective representation. The detaining authority justified the non-disclosure of witnesses' names and their statements under Section 9(2) of PASA, claiming it was against public interest to disclose such information. The detaining authority's conscious determination that disclosing these facts would be against public interest was emphasized, as per the provisions of PASA and Article 22(5) of the Constitution of India. The detaining authority's decision not to disclose the witnesses' names was deemed crucial, leading to the petitioner being deprived of the right to make an effective representation against the detention, thus infringing on the right to know the grounds of detention. The court, after considering the arguments, found that the non-disclosure of witnesses' names and statements had indeed affected the petitioner's right to make an effective representation. Consequently, the court allowed the petition, quashed and set aside the order of detention, and ordered the petitioner's immediate release if not required in any other case. The office was directed to send a copy of the writ to the relevant authorities for necessary action.
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