JAGDSHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in this petition is made to the order passed by the District Magistrate, Botad dtd. 17/7/2021, whereby the petitioner is treated as 'a property grabber' and is detained under the Gujarat Prevention of Anti Social Activities Act, 1985.

(2.) The execution of the impugned order was suspended by this Court vide order dtd. 4/8/2021 and the petitioner was directed to be released, for the reasons recorded in the said order. While doing so, this Court found that, apart from sustainability of the impugned order on facts, wider issue had also cropped up, whether the object of enacting the Gujarat Land Grabbing (Prohibition) Act, 2020, is really achieved or it turns out to be abuse of law on the ground, when based on that offence, detention under PASA is also ordered. On this point, the response from the State of Gujarat, Home Department was asked for. Affidavit in reply dtd. 24/8/2021 is filed on behalf of the State through the Additional Secretary, Home Department. The same is on record and is considered by this Court.