2010 (5) TMI 947 - HC - Indian Laws

Summary

Issues Involved:
The petition involves the issuance of a writ of habeas corpus or mandamus or certiorari to quash a detention order under the Gujarat Prevention of Anti-Social Activities Act. The petitioner challenges the legality and validity of the detention order passed against them.

Details of the Judgment:

Issue 1: Grounds for Challenging Detention Order
The petitioner sought relief against the detention order passed against them, alleging that it was without jurisdiction as they were not absconding and no inquiry was made before the order was issued. The petitioner relied on a previous order quashing a similar detention order against another individual. The petitioner argued that the activities attributed to them did not amount to disturbing public order.

Issue 2: Respondent's Defense
The respondent, represented by the Assistant Government Pleader, contended that the detention order was legal and valid under the PASA Act. It was argued that the petitioner was evading arrest and engaging in activities prejudicial to public order, justifying the detention. The respondent emphasized that the petitioner's case differed from the previous order quashing detention, as there was sufficient material to support the current detention.

Issue 3: Court's Analysis and Decision
After considering arguments from both sides and reviewing the affidavits and records, the court found that the petitioner was indeed absconding and evading arrest, despite police efforts to apprehend them. The court held that such conduct precluded the petitioner from claiming relief and dismissed the petition, ruling in favor of the respondent. The court emphasized that the petitioner's actions did not warrant interference and discharged the rule.

This judgment highlights the importance of compliance with legal processes and the impact of absconding on seeking relief against detention orders under the PASA Act.