DILIPBHAI BHARATBHAI DHADHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The following reliefs have been prayed for in these petitions: Special Civil Application No. 19009 of 2019.

(2.) It can be noticed from the prayer clause (B) itself and the averments made in the petition that the petitioner is unable to affirm the existence of the order of detention and that is why the word "detention" is suffixed by "if any". The question therefore in this petition is whether the petition where the order of detention is not in the knowledge of the petitioner can be entertained on the wide perspective that, in absence of entertaining the petition, the right of the petitioner under Article 21 of the Constitution of India would be at stake.

(3.) In SCA No. 18834 of 2019 the apprehension of the petitioner being detained is rested on two FIRs principally attributing to the petitioner for the offences under IPC whereas in other two cases the apprehension is based on solitary FIR in each case.