Allowed

Noormamad @ Nooko Ilyasbhai Katiya v. State of Gujarat

Gujarat HC18 Sept 2014SCA/6777/2014

Case brief

AI extract

What is this about?

High Court at Ahmedabad quashed detention order dated 25.03.2014 passed under Gujarat Prevention of Anti-Social Activities Act, 1985. Court held reliance on single offence insufficient to establish petitioner as 'cruel person' under Act which requires habitual involvement in offences punishable under Section 8 of Bombay Animal Preservation Act, 1954.

What did the court decide?

Order of detention dated 25.03.2014 quashed and set aside. Detenu set at liberty forthwith if not required in connection with any other case.

Noormamad @ Nooko Ilyasbhai Katiya Vs State… — Pension and Retirement Benefits | Gujarat HC (2014)

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C/SCA/6777/2014 JUDGMENT

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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SPECIAL CIVIL APPLICATION NO. 6777 of 2014

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FOR APPROVAL AND SIGNATURE:

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HONOURABLE MR.JUSTICE A.J.DESAI

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1 Whether Reporters of Local Papers may be allowed to see the judgment ?

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2 To be referred to the Reporter or not ?

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3 Whether their Lordships wish to see the fair copy of the judgment ?

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4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder ?

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5 Whether it is to be circulated to the civil judge ?

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NOORMAMAD @ NOOKO ILYASBHAI KATIYA

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Versus

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STATE OF GUJARAT & 2

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Appearance:

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MS JAYSHREE C BHATT, ADVOCATE for the Petitioner

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MS AMITA SHAH AGP for the Respondents

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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

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Date : 18/09/2014

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ORAL JUDGMENT

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Page 1 of 3

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C/SCA/6777/2014 JUDGMENT

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[1] By way of this petition, the detenue has challenged the order of detention dated 25.03.2014 passed by concerned authority herein under the provisions of sub-sec(2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as “PASA Act”).

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[2] Learned advocate, appearing for the petitioner detenue has invited my attention to the order of detention dated 25.03.2014 , by which, the detenue was arrested and sent to Bhavnagar District Jail. The ground of detaining the accused is that one offence was registered against the petitioner under the provisions of section 114 etc. of the Indian Penal Code; sections 5,6, 8 and 10 of the Prevention of Cruelty to Animal Act, 1954; section 11 DL of the Bombay Cattle Prohibition Act, 1960. He is, therefore, a “cruel person” as defined under Section 2(bbb) of the PASA Act. Learned advocate appearing for the petitioner has submitted that, except this solitary offence, there is no material with the detaining authority to detain the petitioner under the provisions of the PASA Act. It is submitted that the order is vitiated because only on the basis of one offence registered against the petitioner, and in absence of any other material to show involvement of the petitioner in similar activities, the detaining authority has recorded a subjective satisfaction that the petitioner is a cruel person. The definition of cruel person requires habitual involvement and, therefore, the subjective satisfaction and the consequential order are vitiated.

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[3] Learned AGP appearing for the State has opposed this petition.

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[4] Having regard to the contentions raised on behalf of the petitioner, it would be necessary to refer to the definition of “cruel person” as given in Section 2(bbb) of the Gujarat Prevention of Antisocial Activities Act, 1985, which runs as under:-

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Page 2 of 3

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C/SCA/6777/2014 JUDGMENT

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“2(bbb) “cruel person” means a person who either by himself or as member or leader of a gang habitually commits or attempts to commit abets the commission of an offence punishable under Section 8 of the Bombay Animal Preservation Act, 1954 (Bom.LXXII of 1954)”.

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[5] It is clear from reading of the definition that the person to be branded as a cruel person has to be either a member or leader of a gang habitually committing or attempting to commit or abetting the commission of offence punishable under Section 8 of the Bombay Animal Preservation Act, 1954. The term “habitually” examined from any angle, literal or legal, would require presence of an element of repetitiveness. In the instant case, barring one offence registered against the petitioner, there was no material before the detaining authority to record a satisfaction that the petitioner is habitual or repetitively involved in the offence.

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[6] Under the circumstances, the subjective satisfaction that the petitioner is a cruel person on the basis of which he has been detained is vitiated.

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[7] In view of the above facts and circumstances of the case, the petition is allowed. The order of detention dated 25.03.2014 passed by the respondent - authority is quashed and set aside. The detenu is ordered to be set at liberty forthwith if not required in connection with any other case. Rule is made absolute accordingly. Direct service is permitted.

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(A.J.DESAI, J.)

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vijay

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Page 3 of 3

Noormamad @ Nooko Ilyasbhai Katiya v. State of Gujarat

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Noormamad @ Nooko Ilyasbhai Katiya v. State of Gujarat

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