LAWS(GJH)-2020-12-1170

VASIMKHAN AMANULLAHKHAN ABDULLAHKHAN PATHAN Vs. STATE OF GUJARAT

Decided On December 11, 2020
Vasimkhan Amanullahkhan Abdullahkhan Pathan Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This appeal under clause 15 of the Letters Patent is at the instance of the original writ applicant and is directed against the oral order passed by the learned Single Judge of this Court dated 19.08.2020 in the Special Civil Application No.8722 of 2020, whereby, the learned Single Judge was pleased to dismiss the writ application filed under Article 226 of the Constitution of India, challenging the detention order dated 11.03.2020 passed under sub-section (2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985. (hereinafter referred to as ''PASA'' for short).

(2.) The brief facts of the case are that, the appellant writ applicant was detained by order dated 11.03.2020 passed by the Police Commissioner, Ahmedabad City with a view to preventing the appellant from acting in any manner prejudicial to the maintenance of public order in exercise of the power conferred by sub-section (2) of Section of the PASA Act. The order was executed and was sent to the Bhuj Jail.

(3.) The detenue has been furnished with the copy of grounds of detention and all other materials inclusive of statement of witnesses, on the basis of which the subjective satisfaction for passing the detention order has been arrived at by the Detaining Authority. As a result, the detenue came to be detained as a "dangerous person" on his involvement in two criminal cases registered with Maninagar Police Station and Ramol Police Station of Ahmedabad City. Both the offences came to be registered on 22.05.2019.