JIGNESHBHAI ISHWARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution of India, the challenge is to the detention order passed against the petitioner at the pre- execution stage.

(2.) This court by an order dated 11.08.2020 passed in Special Civil Application No. 9008 of 2020 considered the submissions at hand in context of a petition under Article 226 of the Constitution of India at the pre-execution stage. Relying on a decision passed by this court in Special Civil Application No. 7755 of 2020 on 11.08.2020, this court in Special Civil Application No. 9008 of 2020 held as under:

(3.) Insofar as Special Civil Application No.7028 of 2020 is concerned, learned counsel Mr. Prajapati has invited attention of this Court to the averments that the proposal to detain the petitioner has been made and the order has been passed by the respondent No.2. Learned Assistant Government Pleader Ms. Megha Chitaliya under instructions of Head Constable Mr.Ghanshyamsinh, PCB, Ahmedabad, states that proposal is pending but no order is made. Thus, the proposal is pending but no order is made. Thus, the statement that the detention order is passed does not seem to be accurate.3.It is unnecessary for this Court to address these petitions on the following decisions cited at the bar; since in view of the decision rendered incase of Piyush @ Lakahn Manojbhai Bhavsar Vs. The Police Commissioner and others in Letters Patent Appeal No.1281 of 2018 decided on 08.10.2018 holding that: