ALPESHBHAI MEHRAJBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed by the petitioner after the withdrawal of the earlier petition being Special Civil Application No.9817 of 2020 on 24.08.2020, which was withdrawn after arguing for sometime, as the Court was of the opinion that the petition merely on the apprehension of detention would not be maintainable in view of the decision of the Division Bench in case of Piyush @ Lakhan Manojbhai Bhavsar Vs. The Police Commissioner (LPA No.1281 of 2018 dt. 8.10.2018). Now the present petition has been filed under the pretext of praying the following prayers: ?

(2.) In substance, the petition has been filed by the petitioner, seeking the same relief against the apprehended detention, as it was sought in the earlier petition. Admittedly, the petitioner is not served with any order of detention, nor he is aware as to whether any such order is passed or not.

(3.) At the outset, the Court had warned Mr.Chakwawala for the petitioner not to waste Court's time as the pre ?detention petitions are not maintainable in view of the decision of the Division Bench in the case of Piyush @ Lakhan Manojbhai Bhavsar Vs. The Police Commissioner (Supra), himself had withdrawn the earlier petition seeking some relief, however the learned Advocate Mr.Chakwawala preferred to argue the present petition at length by submitting that in the present petition, he has prayed for an unique prayer namely for quashing and setting aside at the pre ?execution stage the order of detention passed or to be passed by the respondent Nos.2 and 3 under the provisions of PASA Act in connection with the FIRs referred to in the petition and to provide a period of two weeks' time before arresting the petitioner under the PASA Act.