SADARUDDIN MAGANBHAI NARSIDANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has approached this Court with this petition under article 226 of the Constitution claiming protection under Articles 14, 19, 21 and 22 of the Constitution apprehending passing of orders of detention under the Gujarat Prevention of Anti Social Activities Act, 1985 ("PASA Act" for short).

(2.) The petitioner has sought the following reliefs:-

(3.) The petitioner has alleged that he apprehends his detention under the PASA Act by the authority concerned on account of political victimisation. He has alleged that he belongs to and believes in philosophy of a particular political party. He also claims to have been commanding respect of people belonging to his community and in view of the approaching elections of the village Panchayat, the rival political party invited him to lend support to that party, which he declined and, therefore, an attempt is made to prevent him from pursuing his political activities by detaining him under the PASA Act. It is alleged that two false cases are registered against the petitioner and he was arrested thereunder. Taking shelter of the provisions of law, he was unnecessarily detained in custody for 24 hours in each of the cases, though no investigation was done and, thereafter, on completion of 24 hours' time, was produced before the Magisterial Court, where he has been ordered to be released on bail. The petitioner states that he is an aged man of about 68 years of age and is heavily built. He is not likely to engage himself in any activities which may be detrimental to public order and, therefore, the concerned authorities may be directed or restrained from exercising powers under Section 3 of the PASA Act.