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2020 Supreme(Guj) 670

VIKRAM NATH, J.B.PARDIWALA
Haidarsha Abdulsha Pir through his S/o Nizamuddin Haidarsha Pir – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Mita S. Panchal.
For the Respondent: Mr. Dharmesh Devnani.

JUDGMENT :

J.B. PARDIWALA, J.

1. This Appeal under Clause 15 of the Letters Patent is at the instance of an unsuccessful writ-applicant (detenue) of a writ application and is directed against the judgment and order passed by a learned Single Judge of this Court dated 27th August 2020 in the Special Civil Application No. 9868 of 2020, by which the learned Single Judge rejected the writ-application filed by the appellant herein, challenging the order of preventive detention passed under the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short “the Act 1985”), on the ground of alternative remedy.

2. An order of preventive detention, though based on the subjective satisfaction of the detaining authority, is nonetheless a serious matter, affecting the life and liberty of the citizen Under Article 14, 19, 21 and 22 of the Constitution. The power being statutory in nature, its exercise has to be within the limitations of the statute, and must be exercised for the purpose the power is conferred. If the power is misused, or abused for collateral purposes, and is based on gro

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