An oral order by Justice S.G. Shah dismissed a Special Civil Application filed at the pre-detention stage. The bench held the petition did not survive the source authority's disclosure of no proposal to detain the petitioner, leading to the absolute rule for disposal.
Petition disposed; Rule made absolute; 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/1668/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1668 of 2018
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JAYESH @ JALO MAVJIBHAI PARGI
Versus
STATE OF GUJARAT
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Appearance:
MR BHAVIN S RAIYANI(3855) for the PETITIONER(s) No. 1 DS AFF.NOT FILED (R)(71) for the RESPONDENT(s) No. 2,3 MR.ROHAN YAGNIK, AGP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
Date : 16/04/2018
ORAL ORDER
Learned AGP is in receipt of communication dated 15.04.2018 from the P.I., D.C.B. Police Station, Rajkot City, 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 FIR being Prohi. C.R.No.7 of 2018 with D.C.B. Police Station, Rajkot City. 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 made absolute. Direct service is permitted.
(S.G. SHAH, J)
VARSHA DESAI
Page 1 of 1
2 issues framed by the court
Whether a special civil application filed at the pre-detention stage survives where the detaining authority discloses no proposal to detain the petitioner.
Whether the court can quash proceedings under the PASA Act in light of the authority's clarification that the petitioner will not be detained for the registered offences.
1 provisions across 1 enactments
JAYESH @ JALO MAVJIBHAI PARGI
STATE OF GUJARAT
S.G. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
