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2003 Supreme(Guj) 302

J.N.BHATT
SOHANLAL SURAJARAM VISNOI – Appellant
Versus
STATE – Respondent


Advocates Appeared: BANNA S.DUTTA, H.R.PRAJAPATI, Mita S.Panchal, S.N.QURESHI, SUBHADRA G.PATEL, Sudhanshu Patel

J. N. BHATT, J.

( 1 ) IN this group of seven petitions under Article 226 of the Constitution of India, challenging interalia the detention orders passed by the respective detaining authority in exercise of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as "the PASA Act") on various and divergent grounds, a common ground of challenge emerging in all the questioned detentions in this group is as to whether the impugned action of detention made on the basis of a solitary incident or offence, in the factual profile of each case, can be upheld by this Court, and whether the same would justify the subjective satisfaction of the detaining authority in reaching to the conclusion that the said solitary incident in each case was sufficient enough to detain the detenu with a view to prevent the detenu from acting in any manner prejudicial to the maintenance of "public order"?

( 2 ) SINCE upon the factual profile viewed in the light of legal settings, the questioned detention orders in this group of seven petitions have been passed on the subjective satisfaction allegedly made on the objective facts which are factually common, and since in all th





















































































































































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