Gujarat High Court
Mahamad Saied @ Baba Primus Abdul Hakim ... vs State Of Gujarat on 28 July, 2021
Author: Paresh Upadhyay
Bench: Paresh Upadhyay
C/SCA/7554/2021 ORDER DATED: 28/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7554 of 2021
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MAHAMAD SAIED @ BABA PRIMUS ABDUL HAKIM SHAIKH
(PRIMASVALA)
Versus
STATE OF GUJARAT
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Appearance:
MR. HARDIK Y KOTHARI(6895) for the Petitioner(s) No. 1
RIDDHISH V MODI(7672) for the Petitioner(s) No. 1
MR SHIVAM DIXIT, AGP for the respondents
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CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY
Date : 28/07/2021
ORAL ORDER
1. This petition was filed apprehending detention under PASA.
2. In response to the notice of this Court, at one stage, it was informed to the Court that, the matter was under
consideration to detain the petitioner under PASA.
3. Learned Assistant Government Pleader has submitted that, on further scrutiny and after due application of mind, the Detaining Authority has arrived at the conclusion that, in the facts of this case, detention order need not be passed.
4. The matter should rest here.
5. This petition needs to be disposed of with the clarification that, in the event any fresh FIR(s) is registered against the petitioner, considering the gravity thereof, appropriate Page 1 of 2 Downloaded on : Thu Jul 29 10:52:30 IST 2021 C/SCA/7554/2021 ORDER DATED: 28/07/2021 decision may be taken as to whether any proposal needs to be made to detain the petitioner under PASA or not, and in the event any such proposal is made, the FIR(s) which are referred in this petition may also be taken into consideration, however while doing so, the sponsoring Authority shall specifically put to the notice of the detaining Authority the present proceedings and the stand taken in it and further that, the detaining Authority shall, while taking decision qua such proposal, also take note of the present proceedings and stand of the Sponsoring Authority so also the Detaining Authority.
6. This petition is disposed of in above terms.
(PARESH UPADHYAY, J) MOBHATI/PS/124 Page 2 of 2 Downloaded on : Thu Jul 29 10:52:30 IST 2021