Gujarat High Court
Riyaz Rahim Usmanbhai Rathod vs State Of Gujarat on 4 August, 2023
Bench: A.S. Supehia
NEUTRAL CITATION
C/SCA/13309/2023 ORDER DATED: 04/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13309 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 13353 of 2023
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RIYAZ RAHIM USMANBHAI RATHOD
Versus
STATE OF GUJARAT
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Appearance:
MR K I KAZI(5030) for the Petitioner(s) No. 1
MR MF KHATRI(5289) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MR JAY MEHTA, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 04/08/2023
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present petitions are filed for the
following prayer:-
"15A) your LORDSHIPS MAY BE PLEASED TO issue a
writ of mandamus or a writ in the nature of
mandamus or any other appropriate writ, order
or directions to the respondents herein to
produce relevant papers and records, order and
ground of detention which is likely to be
passed or has been passed against the present
petitioner and after perusing the ground of
detention order under the provisions of Section
: - 3(2) of the Gujarat Prevention Of Anti
Social Activities Act, 1985, and to be approved
by the state Government and the commissioner
of police i.e. the respondent no.:- 01 and 02
may kindly be quash and set aside; in the
interest of Justice."
2. Thus, the prayer suggests that the petitioners
are seeking quashing and setting aside the orders of
NEUTRAL CITATION
C/SCA/13309/2023 ORDER DATED: 04/08/2023
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detention at pre-execution stage, in absence of any
order being annexed in the petition.
3. Learned AGP has placed reliance on the judgment
and order of the Division Bench of this Court dated
08.10.2018 passed in Letters Patent Appeal No.1281 of
2018 and submitted that the present writ petitions
are not maintainable since no detention orders are
passed.
4. At this stage, it would be apposite to refer to
the observation made in the order dated 08.10.2018 by
the Division Bench of this Court rendered in Letters
Patent Appeal No.1281 of 2018, which reads as under:-
"4. During the course of hearing, learned counsel
appearing for the appellant has fairly admitted
that there is no order of detention passed under
the provisions of PASA Act of 1985. If no such
order of detention is passed, we fail to understand
how such a petition, seeking the relief as sought
for, could have been filed. While it is open for
the appellant to file such a petition, when the
order of detention is passed, if there is any
ground available to challenge the same before the
same is executed, but at the same time, if order of
detention is not passed under the provisions of
PASA Act, no such petition can be maintained
seeking the relief as sought for."
5. In the present case, the petitioners have prayed
for setting aside of the detention orders in absence
of the detention orders having been passed. It is
prayed that the detention orders at pre-execution
stage should be set aside. However, the petitions are
absolutely silent with regard to any orders of
NEUTRAL CITATION
C/SCA/13309/2023 ORDER DATED: 04/08/2023
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detention having been passed on the basis of FIRs.
Merely because the petitioners are apprehending
arrest under the PASA Act, the writ petitions cannot
be entertained, in absence of specific statement made
in the writ petitions that though detention orders
are passed, same are not executed, and hence, the
writ petitions may be entertained. In absence of such
averments and in absence of any detention orders
having been passed, the present writ petitions cannot
be entertained.
6. Under the circumstances, the present writ
petitions are rejected with a cost of Rs.10,000/-
(EACH), which shall be deposited before the Gujarat
State Legal Services Authority within a period of two
weeks from the date of receipt of copy of writ of
this order. If the cost is not deposited within a
period of two weeks, Registry shall issue the
recovery certificate and recover the same by way of
land revenue from the petitioners.
Registry to place a copy of this order in the
connected matter.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(M. R. MENGDEY,J)
NVMEWADA/33,36
