VIJAYBHAI KHIMJIBHAI CHIROLIYA (BHARWAD) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of the learned advocates appearing for the respective parties, the present petition is taken up for final hearing today.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner prays to issue a writ of mandamus or any other appropriate writ, order or direction to quash and set aside the order of detention at pre -execution stage passed against the petitioner under the PASA Act by respondent authorities in purported exercise of powers under sub -section (2) of Section 3 of the Gujarat Prevention of Anti - social Activities Act, 1985 (for short, the 'Act') as being illegal, invalid, null and void, arbitrary, without jurisdiction and competence, suffering from legal mala fides and violative of Articles 14, 19 and 21 of the Constitution of India.

(3.) The petitioner apprehends that the petitioner is likely to be detained under the Act on the pretext of an F.I.R. being Prohibition C.R.No.36 of 2015 registered with Dholera police station.