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2013 Supreme(Guj) 420

S.G.SHAH
VISAMANBHAI D. DHOLA – Appellant
Versus
STATE OF GUJARAT THROUGH SECRETARY – Respondent


Advocates:
Advocate Appeared:
MR DEEPAK THAKKAR FOR M/S THAKKAR ASSOC., ADVOCATE for the Petitioners No. 1 MS JIRGA JHAVERI, ASST.GOVERNMENT PLEADER for the Respondents No. 1 -2 RULE SERVED for the Respondents No. 1

JUDGMENT

1. The petitioner herein has prayed to issue the appropriate writ, order or direction, against the State authorities to take appropriate action against the erring officers, including the detaining authority and sponsoring authority for misusing the powers exercised u/s.3(2) Gujarat Prevention of Anti Social Activities Act, 1985 (‘PASA Act’, for short) claiming that it was in violation of Articles 14, 19 and 21 of the Constitution of India. Petitioner has also prayed to direct the respondent no.1 – State of Gujarat to adequately compensate him for illegal detention vide an order dated 16.12.2007 u/s.3 (2) of the PASA Act by the respondent no. 2 i.e. District Magistrate, Amreli being detaining authority. It is also prayed to direct the respondent no.1 – State to prosecute the respondent no.2 – District Magistrate, Amreli and the sponsoring authority for the offence u/s.499 of the Indian Penal Code for illegally detaining the petitioner under the PASA Act.

2. Brief facts of the petitioner can be summarized as under:-

2.1. The petitioner was arrested as “dangerous persons” under the provisions of PASA Act by respondent no.2 vide an order-dated 16.12.2007. On the same day i.e. on























































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