BASHIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the legality and validity of the threatening action of respondent Nos.2 and 3 of passing the order of detention under the Gujarat Prevention of Antisocial Activities Act, 1985 (for short the PASA Act ) at pre-execution stage.

(2.) It is contended by the learned advocate for the petitioner that if there is any order of detention, the same may be quashed and set aside as being illegal, invalid and arbitrary. It is submitted that there are only three FIRs registered against the present petitioner and therefore, merely filing of FIR against him would not be construed and culminated into the definition of a Dangerous Person under the PASA Act. It is vehemently contended that the co-accused is already detained by the police authority and therefore, there is a strong apprehension of detention of the present petitioner under the PASA Act.

(3.) Per contra, Mr.Sahil Trivedi, learned AGP appearing for the State has opposed this petition and contended that the pre-detention petition is not maintainable. It is contended that it is a pure discretion of the authority and it cannot be said that as the order of detention is passed against the co-accused and therefore, the same order would be passed against the present petition and it is a no ground to entertain the present petition.