MOHIT HASMUKHBHAI BABARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed for the following prayers:-

(2.) Thus, the prayers suggest that the petitioner is seeking quashing and setting aside the order of detention at pre-execution stage, in absence of any order being annexed in the petition.

(3.) Learned advocate Mr.Chandrani, while placing reliance on the judgment of the Supreme Court in the case of Subhash Popatlal Dave vs Union Of India & Anr, (2012) 7 SCC 533 and has submitted that the petitioner would never come to know about the order of detention having been passed unless and until the same is served upon the petitioner and hence, the present writ petition challenging the order of detention at pre- execution stage is maintainable. He has further submitted that in case if a litigant makes a false statement and in future, if the statement is correct or incorrect, the petitioner would be using this Court to verify whether there is an order of detention or not. Thus, it is submitted that any litigant, who is ready to afford the cost will be able to approach this Court and as far as the person, who is not able to afford the cost, would not be able to get remedy from this Court.