PARASBHAI ANILBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing present petition, the petitioners have prayed for the following reliefs:-

(2.) Thus, the prayer clause suggests that the petitioners are seeking writ of mandamus restraining the respondents to detain them under Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as "PASA Act"), in view of registration of one FIRs for the offences, as mentioned in the memo of the writ petition.

(3.) Learned advocate Mr.Mehta has submitted that the petitioners are apprehending their arrest under the PASA Act since it is presumed that detention order will be passed against them. On a specific query raised by this Court with regard to maintainability of the writ petition in absence of any order passed under the PASA Act, learned advocate Mr.Mehta has submitted that the same is maintainable as the respondents are contemplating of passing the detention order.