Oral order dismissing a special civil application before the High Court of Gujarat. The petition failed as the competent authority disclosed no proposal to detain the petitioner, rendering the pre-detention petition a nullity.
The special civil application is disposed of; rule answered accordingly; direct service permitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SCA/1111/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1111 of 2018
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KETAN @ VANDRI LALUBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR DARSHAN P DAVE(5928) for the PETITIONER(s) No. 1 MR. AMIT BAROT, AGP (1) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.G. SHAH Date : 05/04/2018 ORAL ORDER
Learned AGP is in receipt of communication dated 5.4.2018 from the Competent Authority; copy of which is to be taken on record disclosing that there is no proposal to detain the petitioner. It is clarified that herein after, the detaining authority shall not detain the petitioner under the PASA Act on account of offence/s registered vide C.R.No.III-631/2017 with Pardi police station. However, the competent authority is at liberty to initiate proceeding under the PASA Act against the petitioner in respect of other offence/s, if any registered and incriminating materials found and made available after the disposal of present petition. In view of such disclosure, the present petition at pre-detention stage does not survive and hence, it is disposed of accordingly. Rule is answered accordingly. Direct Service is permitted.
(S.G. SHAH, J)
VATSAL S. KOTECHA
Page 1 of 1
2 issues framed by the court
Whether a special civil application seeking pre-detention relief survives when the detaining authority discloses that there is no proposal to detain the petitioner in the pending proceedings.
Whether the petition should be disposed of on the ground that the impugned order allowing non-detention defeats the very purpose of pre-detention proceedings.
KETAN @ VANDRI LALUBHAI PATEL
STATE OF GUJARAT
S.G. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
