Zabbar Asif Mover vs Union of India and Ors. — Bombay HC (2026) — LawSathi Research

Zabbar Asif Mover vs Union of India and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the proclamation order dated 13 February 2026, recording a detention order against the petitioner under section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985, can be challenged on the ground that no criminal case has been registered against the petitioner in the last three years and that he has been acquitted in two cases with one case ending in compromise.

Court's answer

That the circumstance that no further criminal case has been registered against a person who has indulged himself in anti-social activities is not, in the first place, a ground to challenge the proclamation order.

Key takeaways

Observation that the acquittal judgment of the Chief Judicial Magistrate, Diu, dated 20 March 2025, in R.C.C. No.24 of 2022 records no reasons beyond the witnesses' account of witnessing a quarrel near the main gate of the government hospital.obiter¶15
Observation that the accused persons have been acquitted even for the offences under sections 323 and 325 of the Indian Penal Code, 1860.obiter¶15

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction) dismisses Criminal Writ Petition No.1038 of 2026 filed by Zabbar Asif Mover challenging the proclamation order dated 13 February 2026, which recorded a detention order against him under section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (extended to the Union Territories of Dadra & Nagar Haveli and Daman & Diu) and deemed a warrant of arrest under section 8(1). Holding: the absence of any freshly registered criminal case against a person who has indulged himself in anti-social activities is not a ground to challenge the proclamation order. The Court noted that the petitioner's acquittal in R.C.C. No.24 of 2022 (Chief Judicial Magistrate, Diu, 20 March 2025) recorded no reasons, that the accused were acquitted even for offences under sections 323 and 325 IPC, and that the petitioner stands accused of kidnapping a minor girl and forcing her to convert to a different religion.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.1038 OF 2026

Zabbar Asif Mover, R/o. Hajiyawada, Diu .. Petitioner Vs. Union of India, Through the Administrator, Dadra & Nagar Haveli, Daman & Diu and Ors. .. Respondents

Mr. Gaurav Shukla, Advocate for the Petitioner.

Mr. Ashwin Thool with Mr. Ayush Singh, Advocates for the Respondents.

CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 26^TH MARCH 2026.

P.C. :

The petitioner has filed this writ petition challenging the proclamation order dated 13^th February 2026.

This is recorded in the proclamation order that a detention order has been passed against the petitioner under section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (“Gujarat Act”) as extended to the Union Territories of Dadra & Nagar Haveli and Daman & Diu. The detention order shall be deemed to be a warrant of arrest under section 8(1) of the Gujarat Act. Mr. Gaurav Shukla, the learned counsel for the petitioner submits that no criminal case has been registered against the petitioner in the last three years. The petitioner has been acquitted in two cases and one criminal case against him ended in compromise.

In the first place, this cannot be a ground to challenge the

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proclamation order that no further case has been registered against a person who has indulged himself in anti-social activities. The petitioner is accused of kidnapping the minor girl and forcing her to convert to a different religion. The judgment authored by the Chief Judicial Magistrate, Diu, dated 20^th March 2025, in R.C.C. No.24 of 2022 records no reasons except observing that Informant-Bhimji (PW-1) and Ravigiri (PW-3) stated in the Court that they witnessed a quarrel near the main gate of the government hospital and found that two-three persons were injured. Surprisingly, the accused persons have been acquitted even for the offence under sections 323 and 325 of the Indian Penal Code, 1860.

Writ Petition No.1038 of 2026 is dismissed.

[ GAUTAM A. ANKHAD, J. ]

[ CHIEF JUSTICE ]

Digitally signed by SNEHA SNEHA ABHAY ABHAY DIXIT DIXIT Date: 2026.04.06 10:17:32 +0530

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