MUKESHBHAI JIVABHAI GOHEL Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE petitioner has, through his brother, invoked Article 226 of the Constitution to challenge order dated 26. 8. 2008 of District Magistrate, Bhavnagar whereby, in exercise of the powers under section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short, "pasa"), the petitioner was ordered to be detained. It was submitted, and fairly conceded by learned A. G. P. , that identical orders on the same basis were made against co-detenues, namely Mr. Vipulbhai Thakershibhai Sarvaiya and Pratapsinh Ganshyamsinh Gohel, and both the orders of their detention were, upon being challenged before this Court (Coram: Hon'ble Mr. Justice A. S. Dave), set aside by orders dated 20. 2. 2009 in Special Civil Applications No. 11445 of 2008 and 237 of 2009 respectively. It was, on that basis, submitted that the order impugned herein could not be sustained even as the detenu was languishing in jail since eight months.

(2.) IN the above facts and circumstances and for the reasons and grounds already discussed in the aforesaid orders of this Court, which are as yet not challenged, the present petition is allowed. The impugned order of detention dated 26. 8. 2008 is set aside and the detenu is ordered to be set at liberty forthwith, if he is not required in connection with any other case. Rule is made absolute. Direct service.