Gujarat High Court
Suresh Najabhai Mer Through ... vs State Of Gujarat on 7 January, 2021
Bench: Mr. Justice Nath, Ashutosh J. Shastri
C/LPA/993/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 993 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 13247 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 13247 of 2020
==========================================================
SURESH NAJABHAI MER THROUGH JAVUBEN WD/O NAJABHAI MER
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR.BHANUKUMAR B AGRAWAL(10031) for the Appellant(s) No. 1
MR DHARMESH DEVNANI, AGP for the Respondent(s) No. 1,2,3
==========================================================
CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 07/01/2021
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)
1. We have heard Shri B.B.Agrawal, learned counsel
for the appellant and Shri Dharmesh Devnani, learned
Assistant Government Pleader for the State
respondents.
2. By means of this Letters Patent Appeal under
Clause 15 of the Letters Patent challenge is made to
the order dated 18.12.2020 passed by the learned
Single Judge in Civil Application No.1 of 2020 in
Special Civil Application No.13247 of 2020, whereby
the learned Single Judge dismissed the said Civil
Application and directed that the main matter will be
taken up in accordance with the actual date of
detention and therefore the main petition is pending.
C/LPA/993/2020 ORDER
3. By our order dated 04.01.2021, we had required
the learned counsel to provide copy of the appeal to
Shri Devnani and in the meantime, Shri Devnani was to
obtain instructions. With regard to the basis for
passing of detention order, Shri Devnani has nothing
further to add.
4. The detention order has been passed on the basis
of a solitary First Information Report dated
04.03.2020 under Sections 323, 504, 506(2) and 114 of
the IPC and Section 40 of the Gujarat Money Lenders
Act, 2011. The only allegation in the FIR was that the
appellant had given money as loan to the complainant
and was charging high rate of interest and in the
process of realizing his money, he was threatening the
complainant. On such solitary FIR the provisions of
the Gujarat Prevention of Antisocial Activities Act,
1985 ("the PASA Act" for short) were invoked.
5. Learned counsel for the appellant submits that
invoking the powers under the PASA Act was not
tenable at all in law and would in fact amount to an
abuse and curtailment of right of personal liberty of
the appellant. He has placed reliance upon the
Division Bench judgment of this Court dated
02.12.2020 passed in Letters Patent Appeal No.898 of
2020, Jigneshbhai Mansukhbhai Patel vs. State of
Gujarat, wherein it has been specifically held
relying upon several judgments that a solitary
incident and that too which does not disturb the
public order cannot be the basis of passing a
detention order.
C/LPA/993/2020 ORDER
6. It is also submitted that the detention order
was passed on 22.09.2020 after more than 6 months of
the First Information Report. This ground has also
been considered in the Division Bench judgment of
02.12.2020.
7. We find no reason to take a different view and
accordingly we allow this appeal as also the writ
petition. The detention order is hereby quashed and
the appellant shall be set at liberty forthwith.
8. Direct service is permitted.
(VIKRAM NATH, CJ)
(ASHUTOSH J. SHASTRI, J)
GAURAV J THAKER
