Gujarat High Court
SCA/5919/1996 of SHARIFKHAN SIKRULLAKHAN PATHAN Vs COMMISSIONER OF POLICE on 6 November 1996
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 5919 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 judgment ? 2. To be referred to the Reporter or not ? 3. Whether their Lordships wish to see the
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 5919 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 judgment ?
2. To be referred to the Reporter or not ?
3. Whether their Lordships wish to see the fair copy of judgment?
4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder?
5. Whether it is to be circulated to the Civil Judge?
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-------------------------------------------------------------- SHARIFKHAN SIKRULLAKHAN PATHANVersus COMMISSIONER OF POLICE
-------------------------------------------------------------- Appearance:
MRS TANVEER M SHAIKH for Petitioner
Mr Kamal Trivedi, AGP, for Respondent No. 1
-------------------------------------------------------------- CORAM : MR.JUSTICE N.N.MATHUR
Date of decision: 06/11/96
ORAL JUDGEMENT
It is now well settled that on some stray and casual act, a detenue cannot be branded as "dangerous person" within the meaning of section 2 (c) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as "the PASA Act'). Reference may be made to a decision of the Apex Court in the case of Mustakmiya Jabbarmiya Shaikh v. M M Mehta, Commissioner of Police, Ahmedabad, reported in 1995 (3) SCC 237. With the assistance of the learned Advocates, I have perused the materials available on record. There is nothing on record to show on the basis of which the petitioner can be branded as "dangerous person" under section 2(c) of the PASA Act. In view of this, in my opinion, the order of detention is illegal and not sustainable.
2. In the result, this Special Civil Application nis allowed. The order of detention dated 13.6.1996 is quashed and set aside. The petitioner shall be released forthwith if not required in any other case.
Rule made absolute accordingly.
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