GOVNDJI SEDHAJI THAKOR Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Leave to amend. Amendment to be carried out forthwith.

(2.) Petitioner is before this Court seeking quashment of the order of the preventive detention under the Gujarat Prevention of Anti-Social Activities Act, 1985 ("the PASA Act" for short) with the following prayers:

(3.) The grievance on the part of the petitioner is that on the basis of the solitary offence, he has been booked under the draconian law. The order impugned dated 16.07.2020 is passed without any material supporting such order of detention. Subjective satisfaction, according to the petitioner, could not have been formed as there would be a need to detain the person only on ascertaining as to whether the same has breached the public order. Offences are registered against the present petitioner with Prantij police station for the offences under the Gujarat Prohibition Act. Matter is pending for trial and in the meantime, the petitioner is already enlarged on regular bail. At the best, it can be said, according to the petitioner, the question of maintaining the law and order. Under the guise of public order, the order of detention is passed ostensibly for maintaining the situation violating the fundamental rights of the petitioner.