PRAVINBHAI KHUSHALBHAI PARMAR v. STATE OF GUJARAT
Case at a glance
Outcome
Allowed
Application is allowed
Provisions considered
Judgment
MR. H.L. JANI, AGP, for the respondents -------------------------------------------------------------- CORAM : MR.JUSTICE N.N.MATHUR Date of decision: 28/09/98 ORAL JUDGEMENT (cid:9)By way of this Special Civil Application the petitioner has challenged the order of detention dated
Operative part
4.4.1998 passed by the Police Commissioner, Baroda City. (cid:9)It is well settled that in order to bring a person within the expression `dangerous person' as defined in clause (c) of Section 2 of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as `PASA Act of 1985') there should be positive materials to indicate that such person is habitual of committing or attempting to commit or abetting the commission of offences which are punishable under Chapter XVI or XVII of IPC or Chapter V of the Arms Act and that single or isolated act falling under the said Chapters cannot be characterised as a habitual acts as envisaged in Section 2(c) of the PASA Act. Further, besides a person being a dangerous person, his activities should also fall within the ambit of expression `public order'. A distinction has to be drawn between the `law and order' and `maintenance of public order'. A reference may be made of MUSTAK MIYA SHAIKH VS. M.M. MEHTA reported in 1995(2) GLR 1268. (cid:9)I have perused the materials available on record with the assistance of the learned advocate. The statement of the witnesses are of general nature and vague. Considering the material on record, I do not find anything which may indicate that the petitioner is a dangerous person. Thus, in my view, the order of detention is illegal and the same cannot be sustained. (cid:9)In view of the aforesaid, this Special Civil Application is allowed. The order of detention dated
4.4.1998 passed by the Police Commissioner, Baroda City, is quashed and set aside. The detenu shall be released forthwith if not required in any other case. Rule is made absolute accordingly. Writ be sent to Rajkot District Jail, Rajkot. 00000 [pkn]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Application is allowed
Which statutory provisions did this judgment involve?
Constitution of India; Gujarat Prevention of Anti Social Activities Act, 1985 — s. 2; Indian Penal Code, 1860; Arms Act, 1959 — ch. V.
Which court decided this case, and when?
Gujarat High Court, on 28 Sep 1998. The bench was N N MATHUR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.