RAJESH SAMATBHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A neat question of law that arises for consideration in this LPA is whether the detention order which has yet not been passed by the detaining authority can be challenged by the socalled proposed detenu by filing writ petition under Article 226 of the Constitution of India.

(2.) The appellants have filed this Letters Patent Appeal under Article 15 of the Letters Patent Appeal to challenge the judgment dated 25.10.2013 passed by the learned Single Judge in Special Civil Application No. 15827 of 2013, wherein the learned Single Judge has dismissed the petition filed by the appellants to quash the detention order which is yet to be passed by the detenu authority against the appellants.

(3.) The facts in brief giving rise to this Letters Patent Appeal are that the appellants filed writ petition in this High Court to quash the detention order which is yet to be passed by the detaining authority on the basis of solitary criminal case registered against the appellants and has sought quashment of the detention order on various grounds available to the appellants to challenge the detention order after its execution. Thus the appellants preferred the writ petition apprehending their detention in pursuance of proposed detention order to be passed by the detaining authority. The learned Single Judge by the impugned judgment has dismissed the writ petition. Hence this Letters Patent Appeal.