AJAY HIMMATBHAI CHUDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Court, while considering the decisions rendered by the Supreme Court and the Full Bench of this Court, has expressed a view that the Court must be slow in exercising its jurisdiction in a pre-detention matter.

(2.) Mr.Siddharth Kheskani, learned counsel for the petitioner, would submit that it is not always that the Court should not exercise powers under pre-execution stage. Drawing my attention to the FIRs in question, he would submit that for the same offences, three different FIRs have been lodged on different dates at different points of time. It was the case where at best it was a breach of public order and not a case where it would bring it within the purview of "Dangerous Person".

(3.) In that view of the matter, the decision of this Court rendered in Special Civil Application No. 9008 of 2020, needs to be reproduced, which reads as under :