BHARAT TEJABHAI BAROT v. STATE OF GUJARAT
Case at a glance
- Decided
- 08 Nov 1996
- Bench
- M R CALLA
Provisions considered
Judgment
MR. NIGAM SHUKLA, Addl. G.P. for the respondents. -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA Date of decision: 08/11/96 ORAL JUDGEMENT (cid:9)This Special Civil Application is directed against the order dated 31.8.1996 passed by the Police Commissioner, Rajkot City detaining the petitioner under the Gujarat Prevention of Anti-Social Activities Act,
1985. The petitioner is under detention lodged at Mehsana District Jail, Mehsana. (cid:9)This Special Civil Application was filed on
19.9.1996 and rule returnable was issued on 5.10.1996. So far neither any reply has been filed nor any affidavit of the detaining authority has been filed. (cid:9)The grounds of detention enclosed with the detention order show that six criminal cases were registered against the petitioner for offences under Indian Penal Code. Besides this, the detaining authority has taken into consideration the statements made by three witnesses against the petitioner's criminal activities. The petitioner has been found to be dangerous person and engaged in criminal activities and has been detained as such. (cid:9)The detention order has been challenged on more than one grounds. At the time of arguments the learned counsel has stressed that no case of breach of public order was made out. In view of the law laid down by the Supreme Court in the case of MUSTAKMIYA JABBARMIYA SHAIKH VS. M.M. MEHTA, COMMISSIONER OF POLICE reported in 1995(2) G.L.R. 1268 it is clear that the allegations and the material relied upon by the detaining authority against the petitioner do not constitute a case of breach of public order. It is at the most a case of breach of law and order. The detention order deserves to be set aside on this ground alone. (cid:9)Accordingly, the Special Civil Application is allowed and the impugned detention order dated 31.8.1996 passed by the Police Commissioner, Rajkot City, is hereby quashed and set aside and the petitioner's detention is declared to be illegal. The respondents are directed to release the petitioner and set him at liberty forthwith, if not required in any other case. Rule is made absolute. 00000
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India; Gujarat Prevention of Anti-Social Activities Act, 1985; Indian Penal Code, 1860.
Which court decided this case, and when?
Gujarat High Court, on 08 Nov 1996. The bench was M R CALLA.
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.