Dismissed

Sohel @ Batti Abdulgaffar Qureshi through Abdulgafar Yusufbhai Qureshi v. State of Gujarat

Gujarat HC24 Dec 2020SCA/16667/2020

Case brief

AI extract

What is this about?

A Single Judge of the Gujarat High Court disposed of a special civil application challenging PASA detention, holding that the petition does not survive as no order of detention had been passed, relying on a prior Division Bench observation. The petitioner is allowed to file a fresh petition if a detention order is subsequently passed.

What did the court decide?

Petition disposed of as not survived; liberty to file fresh petition if detention order is passed.

Sohel @ Batti Abdulgaffar Qureshi… — Constitutional and Fundamental Rights | Gujarat HC (2020)

¶1

C/SCA/16667/2020 ORDER

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/SPECIAL CIVIL APPLICATION NO. 16667 of 2020

¶4

==========================================================

¶5

SOHEL @ BATTI ABDULGAFFAR QURESHI THROUGH ABDULGAFAR YUSUFBHAI QURESHI

¶6

Versus STATE OF GUJARAT

¶7

========================================================== Appearance:

¶8

O I PATHAN(7684) for the Petitioner(s) No. 1 for the Respondent(s) No. 2,3 MR ROHAN SHAH, AGP for the Respondent(s) No. 1

¶9

========================================================== CORAM: HONOURABLE MR. JUSTICE S.H.VORA

¶10

Date : 24/12/2020

¶11

ORAL ORDER

¶12

Learned Assistant Government Pleader places communication dated 23.12.2020 issued by Police Inspector, Khokhra Police Station, Ahmedabad City, which is ordered to be taken on record, whereby, it is stated that no order has been passed against the petitioner under the provision of Gujarat Prevention of Anti Social Activities Act, 1985 (for short 'the PASA Act'). In view of the above fact and as observed by the Division Bench of this Court (Coram : Hon'ble the Chief Justice Mr. R.Subhash Reddy and Hon'ble Mr. Justice Vipul M. Pancholi) vide order dated 08.10.2018 passed in Letters Patent Appeal No. 1281 of 2018 in Special Civil Application No. 6693 of 2018 with Civil Application No. 1 of 2018, present petition does not survive.

¶13

The Division Bench of this Court has observed in Para – 4 in above referred decision, which is as under:

¶14

“4. During the course of hearing, learned counsel appearing for the appellant has fairly admitted that there is no order of detention passed under the provisions of

¶15

Page 1 of 2

¶16

C/SCA/16667/2020 ORDER

¶17

PASA Act of 1985. If no such order of detention is passed, we fail to understand how such a petition, seeking the relief as sought for, could have been filed. While it is open for the appellant to file such a petition, when the order of detention is passed, if there is any ground available to challenge the same before the same is executed, but at the same time, if order of detention is not passed under the provisions of PASA Act, no such petition can be maintained seeking the relief as sought for.”

¶18

In view of the above, present petition does not survive. Accordingly, present petition stands disposed of as not survived.

¶19

However, the petitioner is at liberty to file a fresh petition in case of order passed under the PASA Act.

¶20

(S.H.VORA, J)

¶21

SATISH

¶22

Page 2 of 2

Sohel @ Batti Abdulgaffar Qureshi through Abdulgafar Yusufbhai Qureshi v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Sohel @ Batti Abdulgaffar Qureshi through Abdulgafar Yusufbhai Qureshi v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajeshbhai @ Raja S/O Subhashbhai Pawar Thru His Brother Sanjay Subhashbhai Pawar Vs State of Gujarat

Vipul S/O Jalprasad @ Jallrprasad Vishvkarma through His Brother Bikash Jallarprasad Vishvakarma Vs State of Gujarat

Shabbir @ Chhapat Hanif Miya Sheikh Vs Police Commissioner

Chandaben Rajesh Sinh Vs State of Gujarat

Rahim @ Noman Latifbhai Shaikh through Latifbhai Abbasbhai Shaikh Vs State of Gujarat

Aasif @ Chicha Amir @ Samir Shaikh through Imran Samir Shaikh Vs State of Gujarat