GAFARBHAI ISMAILBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this group of three petitions challenging the detention orders passed by the respective detaining authority in exercise of powers conferred under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as "the PASA Act"), a common question, namely non consideration of representation and resultant deprivation of right of effective and sufficient opportunity, and whether the continued detention would be just, legal and proper or not, has arisen, and as such, upon request of the learned advocates appearing for the parties, these three matters have been heard together and are being disposed of by this common judgment.

(2.) The learned advocates appearing for the parties are heard. The entire record is examined threadbare and relevant legal settings are also considered.

(3.) Liberty is a basic and dynamic jurisprudential concept and philosophy, and therefore, it has constitutional and statutory safeguards for the preservation, projection and protection of the liberty of an individual. Since it is a dynamic aspect and concept, continued research is necessary to regularly assess the changing dimension and dynamics of such a constitutional right, personal right of liberty guaranteed under the Constitution, the highest law of the land.