SCA/22021/2005 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 22021 of 2005 For Approval and Signature: HONOURABLE MR.JUSTICE K.M.MEHTA ============================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? -No. 2 To be referred to the Reporter or not ? -No. 3 Whether their Lordships wish to see the fair copy of the judgment ? -No. 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 ? -No. 5 Whether it is to be circulated to the civil judge ? -No. ============================================================== JITU DIPTIRAM SHRIVAS (NAI) - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ============================================================== Appearance : MS KRISHNA U MISHRA for Petitioner(s) : 1, RULE SERVED BY DS for Respondent(s) : 1 - 2. GOVERNMENT PLEADER for Respondent(s) : 3, ================================================================== CORAM : HONOURABLE MR.JUSTICE K.M.MEHTA Date : 21/12/2005 ORAL JUDGMENT 1.Jitu Diptiram Shrivas (Nai), petitioner-detenu has filed this habeas corpus petition under Article 226 of the Constitution of India challenging the order of detention dated 5/10/2005 passed by the Police SCA/22021/2005 2/2 JUDGMENT Commissioner, Ahmedabad under the provisions of PASA Act. Petition was filed on 25/10/2005. On 28/10/2005, this Court (Coram:A.S.Dave, J.) has issued rule which was returnable after four weeks. On behalf of respondent, Mr.L.R.Pujari, learned APP appears, therefore, with consent of parties, matter has been placed for final hearing to this Court. 2.It may be noted that this petitioner-detenu is co- detenu of Ashok @ Bhuriyo S/o. Radha Kishan Parmar, petitioner-detenu of Special Civil Application No.21961 of 2005 which I have decided today i.e. on 21/12/2005. Therefore, in view of the reasons stated in Special Application No.21961 of 2005, this petition is also required to be allowed. 3.In the result, petition is allowed. I hereby quash and set aside the order of detention. Jitu Diptiram Shrivas (Nai), detenu is ordered to be set at liberty forthwith if he is not required in connection with any other case. Rule is made absolute accordingly with no order as to cost. Direct service is permitted. (K.M.MEHTA, J.) (ila)