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2006 Supreme(Guj) 671

A.M.KAPADIA, K.A.PUJ
MOHMED JUNED SHAMSUDDIN SAIYED – Appellant
Versus
K. C. KAPOOR, PRINCIPAL SECRETARY – Respondent


Advocates Appeared: B.TRIVEDI, GIRISH PATEL, K.P.Raval, KAMAL B.TRIVEDI, M.T.M.HAKIM, MAKBUL I.MANSURI, MUKUL SINHA, RAUF K.MANSURI, SUNIT SHAH, V.A.MANSURI

K. A. PUJ, J.

( 1 ) SINCE common issue is involved in all these petitions / applications requesting this Court to initiate contempt proceedings against the respondents ? opponents in the respective applications for the alleged custodial violence and wilful and deliberate breach of the guidelines issued by the Hon ble Supreme Court in the case of D. K. Basu V/s. State of West Bengal, 1997 (1) SCC 416 and since all these petitions / applications are heard together, the same are being disposed of by this common judgment.

( 2 ) CRI. Misc. Application No. 164 of 2004 is filed by five persons, namely, (1) Mohmed Juned Shamsuddin Saiyed (2) Harish Shakeel Ahmed Ansari, (3) Zahidkhan Khayyum Khan Pathan, (4) Abdul Rauf Ramjubhai Dhobi and (5) Mohmad Rafik Nasimbhai Ansari and according to them, they were illegally picked up and detained by the opponents during the period between 06. 12. 2003 to 09. 12. 2003. They came to be arrested on 11. 12. 2003 in connection with the offence registered with DCB, Ahmedabad being C. R. No. I 16/2003. They were produced before the learned Special Judge (POTA)on 12. 12. 2003. An application for police custody was moved by Additional Commissioner of Police,



















































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