IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14016 of 2022 ==========================================================

AMITBHAI HEMABHAI @ GEMABHAI RABARI AKA (DESAI)

Versus STATE OF GUJARAT ==========================================================

Appearance:

MR ANVESH V VYAS(5654) for the Petitioner(s) No. 1,2,3 for the Respondent(s) No. 2,3 Ms. Nidhi Vyas, Asst. GOVERNMENT PLEADER/PP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE S.H.VORA and HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN Date : 02/08/2022

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE S.H.VORA)

1. Notice returnable on 12.9.2022. Learned A.G.P. waives service of notice for the respondents.

2. By way of the present petition under Article 226 of the Constitution of India, the petitioner apprehends execution of detention order under the provisions of Gujarat Prevention of Anti Social Activities Act, 1985 (for short, the PASA Act) on account of registration of the impugned FIR/s mentioned in petition para 3.2, wherein, it appears that solitary offence under the provisions of the IPC is registered against the petitioner.

3. According to the petitioner, except registration of the FIR/s, no other material is available with the competent authority to detain the petitioner under the provisions of the PASA Act and alleged activities at the most would fall under the maintanence of law and order and made request to call for detention order for Court’s perusal.

4. It appears that the subjective satisfaction, if any, arrived at by the detaining authority cannot be said to be legal, valid and in accordance with law inasmuch as the offences alleged in the FIR/s cannot have any bearing on the public order since the laws of the land are sufficient enough to take care of the situation and that the allegations as have been levelled against the detenue cannot be said to be germane for the purpose of bringing the detenu within the meaning of any provisions of the PASA Act, 1985 and unless and until the material is there to make out a case that the person concerned has become a threat and a menace to the society so as to disturb the whole tempo of the society and that the whole social apparatus is in peril disturbing public order at the instance of such person. In view of the allegations alleged in the aforesaid F.I.R/s., the Court is of the opinion that the activities of the detenue cannot be said to be dangerous to the maintenance of public order and at the most fall under the maintenance of ”law and order.”

5. Upon perusal of the FIR/s and considering the averments made in the petition, the apprehension of the petitioner is well- founded and liberty of the petitioner is required to be protected. Accordingly, the petitioner is protected only in respect of the FIR/s as mentioned above.

6. It is made clear that the competent authority is at liberty to take suitable action against the petitioner in respect of offences / activities, other than the FIR/s as mentioned herein above, if

NEUTRAL CITATION

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petitioner. The learned A.G.P. is directed to place on record the detention order passed against the petitioner for Court’s perusal.

Direct service is permitted.

7. In case of difficulty, the State is at liberty to apply for early hearing.

(S.H.VORA, J)

(RAJENDRA M. SAREEN,J)

SHEKHAR P. BARVE

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