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2020 Supreme(Guj) 907

SONIA GOKANI
Nareshbhai Vastabhai Palabhai Badgha Through Divyaben Nareshbhai Badgha – Appellant
Versus
Commissioner of Police, Ahmedabad City – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Hasmukh V Parmar, Mr Rajesh M Chauhan, Ms Jasmin H Parmar
For the Respondent: Ms Jirga Jhaveri, AGP

JUDGMENT :

1. This petition is filed under Article 226 of the Constitution of India by the petitioner, who is detained under the law of detention with the following prayer:

    “(A) Your Lordships be pleased to issue a writ of mandamus or writ of certiorari or any other appropriate, writ, order or direction to quash and set aside the order of the detention dated 18.07.2020 passed by the Detaining authority under the Provision of Gujarat Prevention of Anti Social Activities Act, 1985 being No. PCB/DTN/PASA/494/2020 as being illegal, invalid, null and void, arbitrary, suffers from total non application of mind and violative of Articles 14, 21 and 22 of the Constitution of India;

(B) This Hon’ble Court may be pleased to pass such other and further order/s as may be deemed necessary by this Hon’ble Court in the facts and circumstances of the case.”

2. The petitioner is a “detenue” under Section 3(1) of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as, “the PASA Act”) by order PCB/DTN/PASA/494/2020 dated 18.07.2020 with a view to prevent him from acting in any manner prejudicial to the maintenance of “public order”. The order impugned is passed and is trea

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