AI Overview...
Section 25 of Pasa Act - Summary
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Provisions and Scope:
Section 25 of the Prevention of Anti-Social Activities Act (PASA) is a key section that deals with the detention of individuals considered to be involved in anti-social activities. It empowers authorities to detain persons to prevent them from engaging in such activities, thereby maintaining public order and safety MAHEBUBBHAI ALIAS SENIOR CHHOTUBEGMOGAL VS COMMISSIONER OF POLICE - Gujarat. -
Legal Framework and Procedure:
The section mandates that detention orders must be based on specific grounds, communicated to the detenu, and must adhere to procedural safeguards, including the requirement for approval by an Advisory Board within three weeks of detention (as per Section 11 of the 2006 amendment). If the detention order is found to be illegal or issued without proper procedure, it can be revoked or quashed Bharatbhai Jivrajbhai Limbasiya VS State of Gujarat - Gujarat, Om Prakash @ Oma @ Jeevan Ram son of Bodu Ram VS State of Rajasthan - Rajasthan. -
Judicial Review and Challenges:
Courts have extensively examined detention orders under Section 25, emphasizing the importance of adhering to procedural requirements and the substantive grounds for detention. Challenges often involve allegations of violations of constitutional rights under Articles 21 and 22 of the Indian Constitution, especially regarding the detention period and the adequacy of the grounds supplied RAJUBHAI PRATAPBHAI PANPATIL VS COMMISSIONER OF POLICE SURAT CITY - Gujarat, Om Prakash @ Oma @ Jeevan Ram son of Bodu Ram VS State of Rajasthan - Rajasthan. -
Revocation and Quashing:
Detention orders can be revoked if they are found to be illegal or if procedural lapses occur, such as delays beyond the stipulated period or failure to communicate grounds properly. The revocation process involves formal orders from the Home Department, and courts have upheld revocations where procedural violations are established Jitubhai Mohanbhai Kuhada VS State Of Gujarat - Gujarat, Jitubhai Mohanbhai Kuhada VS State Of Gujarat - Gujarat. -
Application to Specific Cases:
In various cases, detention under Section 25 has been challenged on grounds of insufficient evidence, procedural lapses, or misapplication of the law (e.g., detaining a person as a 'bootlegger' or based on vague allegations). Courts have held that mere association with anti-social activities is not sufficient unless supported by cogent material Jay S/o Girjashankar Sharma VS State of Gujarat - Gujarat, Naresh VS District Magistrate - Gujarat.
Analysis and Conclusion
Section 25 of PASA provides a legal mechanism for preventive detention aimed at curbing anti-social activities. Its effective application hinges on strict adherence to procedural safeguards, timely approval by the Advisory Board, and proper communication of grounds to the detenu. Judicial scrutiny ensures that detention orders are not arbitrary and aligns with constitutional protections. Challenges primarily focus on procedural lapses and the sufficiency of grounds, underscoring the importance of procedural compliance and substantive justification in the detention process.
References:
- MAHEBUBBHAI ALIAS SENIOR CHHOTUBEGMOGAL VS COMMISSIONER OF POLICE - Gujarat
- Bharatbhai Jivrajbhai Limbasiya VS State of Gujarat - Gujarat
- Om Prakash @ Oma @ Jeevan Ram son of Bodu Ram VS State of Rajasthan - Rajasthan
- RAJUBHAI PRATAPBHAI PANPATIL VS COMMISSIONER OF POLICE SURAT CITY - Gujarat
- Jitubhai Mohanbhai Kuhada VS State Of Gujarat - Gujarat
- Jitubhai Mohanbhai Kuhada VS State Of Gujarat - Gujarat
- ARUN KUNDUVALLAPIL KRUSHNA NAYAR VS STATE - Gujarat
- Vaghabhai S/o Devabhai Bharvad (Bhorakhiya) Through Panchal Yogeshkumar Amrutbhai VS Commissioner Of Police, Surat - Gujarat
- Jay S/o Girjashankar Sharma VS State of Gujarat - Gujarat
- Naresh VS District Magistrate - Gujarat
Search Results for "Section 25 of Pasa Act"
2006 0 Supreme(Guj) 27 • India - Gujarat
K.M.MEHTA
Habeas Corpus - Detention under PASA Act - Section 307, 120(B) of IPC, Section 25(1)(B)(A) of Arms Act, Section 387, 323, 294( ... B), 506(1), 427, 114 of IPC, Section 135 of Bombay Prohibition Act - The court quashed the detention order as it was passed without ... Fact of the Case: The detenu filed a habeas corpus petition challenging the detention order passed under the PASA Act ... Detenu ha....
2015 0 Supreme(Guj) 242 • India - Gujarat
K.S.JHAVERI
PASA Act - Challenge to detention order under Gujarat Prevention of Anti-Social Activities Act, 1985 - Section 3 - Sections 25 ... The court referred to the PASA Act's objective to prevent crime and protect society from anti-social elements, emphasizing the need ... , 1985, labeling him as a 'dangerous person' based on an F.I.R. for offences under the Arms Act. ... The order of detention along with the grounds supplied to the detenue are suggestive o....
2022 0 Supreme(Raj) 561 • India - Rajasthan
Constitution of India, 1950 – Article 21, 226 – Indian Penal Code, 1860 –Rajasthan Prevention of Anti-Social Activities Act ... weeks as mandatorily required under Section 11 of the PASA Act, 2006 inasmuch as it was placed before the Advisory Board only on 25.11.2021, which is beyond three weeks. ... 2, sub-section (c) of the Rajasthan Prevention of Anti-Social Activities Act, 2006 (for short ‘the PASA Act, 2006’). ... of three week....
2005 0 Supreme(Guj) 742 • India - Gujarat
K.M.MEHTA
Prevention of Anti-Social Activities Act, 1985 - Section 2 (b) and 3 (2) - Bombay Prohibition Act, 2005 ... - Section 66 (1) B, 65 (A)E, 116 (B) and 81 - Maintenance of public order - Petitioner has filed this petition of habeas corpus under ... It may be that the petitioner is a bootlegger within the meaning of Section 2 (b) of the Act, but merely because he is a bootlegger he cannot be preventively detained under the provisions of the Act unless, as laid down in sub....
2023 0 Supreme(Guj) 1316 • India - Gujarat
M. K. THAKKER
Section 8 of the PASA Act it is provided that, if after the procedure under a href="./.. ... As the order under the PASA Act itself being illegal, it was revoked by the Home Department vide order dated 25.02.2002. Sections 8 , 13, 14 and 15 of the PASA Act is required to be perused.
2023 0 Supreme(Guj) 826 • India - Gujarat
M. K. THAKKER
Gujarat Prevention of Anti-Social Activities Act, 1985 - Sections 8, (2)(b) and (c), 2(c) - Code of Criminal ... brought back on revoking order as if that order was never in existence - Revocation is a process of recall of what had been done - PASA ... Procedure, 1973 - Sections 82, 83, 84 and 85 - Quash FIR - Proclaimed offender - Fails to appear before authority - Applicant is ... It is the case of the prosecution that the order under Section 2(c) of the PASA Act wa....
2001 0 Supreme(Guj) 415 • India - Gujarat
H.K.RATHOD
dated 25. 11. 2000 passed by the detaining authority under section 3 (1) of the Gujarat Prevention of Anti Social Activities Act ... , 1985 grounds of detention have been communicated to the petitioner under section 9 (1) of the PASA Act and the petitioner has initially ... Prevention of Anti Social Activities Act, 1985 –Petitioner has challenged the impugned order of detention ... As per the grounds of detention, one offence has been registered against the petitioner....
2023 0 Supreme(Guj) 952 • India - Gujarat
A. S. SUPEHIA, M. R. MENGDEY
Act - Sections 25(1)(a) and 27 - Gujarat Prevention of Anti Social Activities Act, 1985 - Section 3(1) and 2(c) – Offence of Attempt ... Indian Penal Code ,1860 - Sections 307, 504, 120B - Motor Vehicles Act, 1988 - Sections 177, 184 - Arms ... are invoked and the order of detentions are not executed and the provisions of PASA are invoked even after such detenu have been ... section 3(1) of the Act#HL_END....
2024 0 Supreme(Guj) 870 • India - Gujarat
A. Y. KOGJE, SAMIR J. DAVE
' under Section 2(b) of the PASA Act and the power to make orders detaining certain persons under Section 3. ... PASA Act - Challenge to Detention Order - Section 3 - Summary: The court discussed the definition of 'bootlegger ... Issues: Challenge to detention order under the PASA Act based on the alleged activities as a 'bootlegger' ... It may be that the petitioner-detenue is a 'bootlegger' within the meaning of Section....
2019 0 Supreme(Guj) 803 • India - Gujarat
S.H.VORA
3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 by detaining the petitioner-detenue as defined under section ... and cogent material exists for invoking power under section 3(2) of the Act – Impugned order of detention passed by the respondent-detaining ... Gujarat Prevention of Anti Social Activities Act, 1985 – Sections 3(2), 2(b) – Prohibition Act – Sections ... section 3(2) of the Act. ... un....
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