(1.) This Appeal under Clause 15 of the Letters Patent is at the instance of an unsuccessful writ-applicant (detenue) of a writ application and is directed against the judgment and order passed by a learned Single Judge of this Court dated 27th August 2020 in the Special Civil Application No.9868 of 2020, by which the learned Single Judge rejected the writ-application filed by the appellant herein, challenging the order of preventive detention passed under the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short "the Act, 1985"), on the ground of alternative remedy.
(2.) An order of preventive detention, though based on the subjective satisfaction of the detaining authority, is nonetheless a serious matter, affecting the life and liberty of the citizen Under Article 14,19,21 and 22 of the Constitution. The power being statutory in nature, its exercise has to be within the limitations of the statute, and must be exercised for the purpose the power is conferred. If the power is misused, or abused for collateral purposes, and is based on grounds beyond the statute, takes into consideration extraneous or irrelevant materials, it will stand vitiated as being in colourable exercise of power.
(3.) We are tempted to preface our judgment with the aforequoted observations of the Supreme Court in the case of V.Shantha vs. State of Telangana and Ors., 2017 14 SCC 577, because the State Government nor the detaining authorities are ready and willing to abide by or pay heed to the afore-quoted observations of the Supreme Court.
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