The High Court of Gujarat, dismissing a special civil application, held that disclosure of no detention proposal for current offences rendered the petition unsustainable. Competent authority retains powers to initiate proceedings for other offences.
The rule is answered accordingly; the petition is disposed of.
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/502/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 502 of 2018 With
R/SPECIAL CIVIL APPLICATION NO. 761 of 2018
==========================================================
HARUNBHAI MUSABHAI HAJIBA
Versus STATE OF GUJARAT
==========================================================
Appearance:
MR Y J PATEL(3985) for the PETITIONER(s) No. 1 MS VC SHAH, AGP (1) for the RESPONDENT(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
Date : 19/03/2018 COMMON ORAL ORDER
Learned AGP is in receipt of communication dated 19.3.2018 from PSI, Mangrol, Junagadh 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 III C.R.No.83 of 2017 with Mangrol police station against both the petitioners. 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 predetention stage does not survive and hence, it is disposed of accordingly. Rule is answered accordingly. Registry shall provide Direct Service, if requested by the petitioner.
(S.G. SHAH, J)
KOTECHA
Page 1 of 1
2 issues framed by the court
Whether the petition survives in view of disclosure that there is no proposal to detain the petitioner under the PASA Act regarding the current offences.
Whether the detaining authority is prohibited from detaining the petitioner for the registered offences of C.R.No.83 of 2017.
1 provisions across 1 enactments
HARUNBHAI MUSABHAI HAJIBA
STATE OF GUJARAT
S.G. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
