Gujarat High Court
SCA/4320/1996 of BUDHIYA KORSI MAHESHWANI Vs STATE OF GUJARAT on 6 November 1996
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 4320 of 1996 For Approval and Signature: Hon'ble MR.JUSTICE N.N.MATHUR ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 4320 of 1996
For Approval and Signature:
Hon'ble MR.JUSTICE N.N.MATHUR
============================================================
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1. Whether Reporters of Local Papers may be allowed to see the judgements?
2. To be referred to the Reporter or not?
3. Whether Their Lordships wish to see the fair copy of the judgement?
4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?
5. Whether it is to be circulated to the Civil Judge?
-------------------------------------------------------------- BUDHIYA KORSI MAHESHWANI
Versus
STATE OF GUJARAT
-------------------------------------------------------------- Appearance:
MS SUBHADRA G PATEL for Petitioner
Shri Kamal Mehta, AGP for the respondents
-------------------------------------------------------------- CORAM : MR.JUSTICE N.N.MATHUR
Date of decision: 06/11/96
ORAL JUDGEMENT
The petitioner has challenged the order of detention passed by the detaining authority dated 4th May 1996 in exercise of powers conferred on him under sub-section 1, sec.3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as "the PASA Act"). It is alleged that some cases pertaining to offences under Indian Penal Code have been registered against the petitioner.
2. It is now well settled by the Supreme Court that simply because some stray and casual cases have been registered, the person cannot be apprehended as a dangerous person within the meaning of sec.2(c) of the PASA Act.
3. I have perused the material on record with the assistance of the learned counsel. There is nothing material on record, which may show that the petitioner is a dangerous person within the meaning of sec.2(c) of PASA Act. In view of the aforesaid the Special Civil Application is allowed and the order of detention dated 4th May 1996 is quashed and set aside. It is directed that the petitioner shall be released forthwith if he is not required in any other case. Rule is made absolute.
-oOo-
karim*