IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 8114 of 2004 For Approval and Signature: HON'BLE MR.JUSTICE C.K.BUCH ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- ABDUL ALIAS LALU MOHAMMED RASID QURESHI Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 8114 of 2004 MS KRISHNA U MISHRA for Petitioner No. 1 MS HB PUNANI, AGP for Respondent No. 1-3 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE C.K.BUCH Date of decision: 29/11/2004 ORAL JUDGEMENT 1. Heard ld. Ms. KU Mishra for the petitioner and ld. APP Ms. HB Punani for the respondents. 2. By this petition under Article 226 read with Articles 21 & 22 of the Constitution of India, the petitioner- detenu has challenged the legality and validity of the order of detention dated 05.05.2004 passed by the Commissioner of Police, Ahmedabad City in exercise of the powers conferred on him by Section 3(2) of The Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as the PASA Act) against the petitioner-detenu. The petitioner is branded as "dangerous person" as defined under the Act. 3. It has been submitted by ld. counsel Ms. Mishra appearing for the petitioner that the present petitioner is a co-detenu of petitioner of Spl.C.A. No.7456/2004 and both the petitioners came to be detained under PASA Act vide impugned order of detention on the same grounds. It is further submitted by ld. counsel Ms. Mishra that today, this Court has quashed and set aside the impugned order of detention on main two grounds while dealing with the aforesaid petition i.e. Spl.C.A. No. 7456/2004 filed by the co-detenu Ashoksinh Rampratapsinh Rajput. In the present case also, the representation was made to the State Government on 02.06.2004, it was decided by the competent authority on 04.06.2004. However, the said decision was not communicated to the detenu well in time and as expeditiously as possible. Decision was conveyed the decision on 10.06.2004 by jail authority. So, there is unexplained delay in communicating the grounds of detention. So, it has been submitted by ld. counsel Ms. Mishra that on the ground of parity also the present petitioner being co-detenu is required to be released over and above the grounds mentioned in the petition which are practically same which are advanced in the above-referred writ petition filed by the co-detenu. Ld. counsel appearing for the petitioner has also taken this Court through the grounds raised in this petition and arguments advanced which are practically similar to those raised in the above-reffered petition filed by the co-detenu. 4. So, adopting the reasons assigned by this Court in Spl.C.A. No. 7456/2004 preferred by co-detenu and also on the ground of parity, the present petition requires to be allowed and impugned order of detention requires to be quashed and set aside. 5. For the reasons aforesaid, this petition is allowed. Impugned order of detention dated 05.05.2004 passed by the Commissioner of Police, Ahmedabad City is is hereby quashed and set aside and detenu is hereby ordered to be set at liberty forthwith if he is not required to be detained in any other case. Rule is made absolute. Registry is directed to place copy of the decision of this Court in Spl.C.A. No. 7456/2004 with the papers of this petition. Direct Service is permitted. [ C. K.BUCH, J] *rawal