Allowed

Bharat S/O Mepabhai Bharvad v. State of Gujarat

Gujarat HC24 Mar 2021LPA/218/2021

Case brief

AI extract

What is this about?

The High Court held that detention orders could not be sustained if the charges involved only causing hurt, insufficient to label a person dangerous. The appeal was allowed, the single judge's order set aside, and the detention quashed.

What did the court decide?

The detention order dated 24.07.2020 is quashed; the appellant to be set at liberty forthwith; the judgment of the Single Judge is set aside; connected civil application disposed of.

Bharat S/O Mepabhai Bharvad Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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C/LPA/218/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/LETTERS PATENT APPEAL NO. 218 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 10387 of 2020

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With

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CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2021 In R/LETTERS PATENT APPEAL NO. 218 of 2021

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BHARAT S/O MEPABHAI BHARVAD

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Versus

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STATE OF GUJARAT

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Appearance:

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MR DIPEN K DAVE(3296) for the Appellant(s) No. 1 MR DM DEVNANI, AGP for the Respondent(s) No. 1,2,3

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CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH and HONOURABLE MR. JUSTICE BHARGAV D. KARIA

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Date : 24/03/2021 ORAL ORDER

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(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

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1.We have heard Mr.Dipen Dave, learned counsel for

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the appellant and Mr.Dharmesh Devnani, learned
Assistant Government Pleader for the State
respondents.

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2.The present Letters Patent Appeal has been
preferred under Clause 15 of the Letters Patent Act
assailing the correctness of the judgment and order
dated 17.12.2020 passed by the learned Single Judge

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in Special Civil Application No.10387 of 2020,
whereby the writ petition challenging the order of

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Page 1 of 5

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C/LPA/218/2021 ORDER

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preventive detention was dismissed.

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3.Learned counsel for the appellant submitted that
there are only two cases registered against the
appellant. First being a case under Sections 323,
504, 506(2) and 114 of the Indian Penal Code and
Section 135(1) of the Gujarat Police Act based on an
FIR dated 10.03.2020 and the second is about an
offence under Sections 325, 323, 504, 506(2) and 114
of the Indian Penal Code and Section 135(1) of the
Gujarat Police Act based on an FIR dated 10.03.2020.
Apart from it, there is no other material against the
appellant. The invoking of jurisdiction under the
preventive detention law is totally unjustified as
there was neither any disturbance of public order nor
the appellant can be said to be a dangerous person.
It is also submitted by the learned counsel that the
appellant had been falsely implicated in the said two
cases and he is already on bail. It is also submitted
that the appellant is in custody since 24.07.2020. It
is next submitted that a recent Division Bench
judgment of this Court dated 31.08.2020 passed in the
case of Vijay Alias Ballu Bharatbhai Ramanbhai Patni

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vs. State of Gujarat, beingLetters Patent Appeal

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Page 2 of 5

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C/LPA/218/2021 ORDER

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No.454 of 2020, squarely covers the case of the
present appellant.

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4.On the other hand, Mr.Dharmesh Devnani, learned
Assistant Government Pleader submitted that the order
of detention is fully justified and the detaining
authority after due satisfaction has passed the said
order. It is also submitted by Mr.Devnani that apart
from the two First Information Reports, there were
three other statements recorded in camera and as such
the order of the learned Single Judge does not suffer
from any infirmity in dismissing the petition. The
learned Single Judge after dealing with the entire
material on record declined to interfere with the
subjective satisfaction of the detaining authority in
holding that the appellant was a dangerous person.
This Court as such may not interfere with the order
of the learned Single Judge and dismiss the appeal.

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5.In the judgment dated 31.08.2020 in the case of
Vijay alias Ballu (supra), the issue relating to
public order and law and order problem had been dealt
with in detail. Law of preventive detention has to be
construed not as in an ordinary criminal proceedings

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Page 3 of 5

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C/LPA/218/2021 ORDER

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of detaining or arresting a person who is said to
have committed crime where the procedure is provided
and the remedy is available. However, the law of
preventive detention is to be strictly followed as

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per the statute and the settled law on the point. In
the present case, we find that the two FIRs related
to an offence of causing hurt only. By no stretch of
imagination can we hold that such incidents could
describe a person as a dangerous person.

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6. The other three statements recorded in camera could be of help to the detaining authority in passing the detention order where at least prima facie the detenue could be said to be a dangerous person on account of his known criminal activities. The said view has been discussed and ratio laid down in the judgment of this Court in the case of Vijay alias Ballu (supra) after considering in detail the law on the point.

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7. We are accordingly of the view that the order

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of detention cannot be sustained. Accordingly, the
appeal succeeds and is allowed. The judgment and
order of the learned Single Judge dated 17.12.2020

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Page 4 of 5

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C/LPA/218/2021 ORDER

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passed in Special Civil Application No.10387 of 2020
is set aside. The detention order dated 24.07.2020 is
quashed. The appellant be set at liberty forthwith if
not required in any other criminal case.
Consequently, the connected Civil Application stands
disposed of.

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(VIKRAM NATH, CJ)

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(BHARGAV D. KARIA, J)

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GAURAV J THAKER

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Page 5 of 5

Bharat S/O Mepabhai Bharvad v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Bharat S/O Mepabhai Bharvad v. State of Gujarat

Case brief

What is this about?

What did the court decide?

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