RAJESH HIMATLAL SHETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed by the petitioner praying for a writ of mandamus or any other appropriate writ, order or direction for quashing and setting aside the detention order dated 18th October, 2005 passed by respondent No. 2, the Collector and District Magistrate, Patan, purportedly under Section 3 read with Section 2(h) of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as "PASA Act").

(2.) In this petition the petitioner is seeking protection of his personal liberty guaranteed under Articles 14, 19 and 21 of the Constitution of India. The petitioner has approached at the pre- execution stage in view of the fact that the impugned detention order has been passed without authority and de hors the provisions of the PASA Act on vague, extraneous and irrelevant and non- existent grounds not germane to the facts. The respondent No. 2 had no authority to pass such an order of detention purportedly under Section 3 read with section 2(h) of the PASA Act.

(3.) The petition was filed by the petitioner on 24.10.2005. When the petition was placed before this Court on 26.10.2005, this Court issued notice returnable on 28th October, 2005. At that time the detention order was not challenged and the petitioner has filed petition challenging the said pre-detention order relying on the criterion III, IV and V enumerated in the case of Additional Secretary to the Government of India and Ors. Vs. Smt. Alka Subhash Gadia reported at 1992 (Suppl.) 1 SCC 496. Thereafter, the Court adjourned the matter to 8.11.2005.