AHMEDABAD: A single-judge bench of the Gujarat high court cancelled Ahmedabad district collector's order to detain a person under the Prevention of Anti-Social Activities Act (PASA) saying that Shantilal Koli Patel cannot be considered a 'dangerous person' for just having few FIRs against him in civil disputes.
However, the division bench has set aside the judgment and asked the single-judge bench to hear the case again because the ground for seeking Patel's detention was not that he was a 'dangerous person', but because he is dubbed a 'land grabber'.
Last year, the district collector passed an order for detaining Patel under section 2(h) of PASA by terming him a land grabber. Patel moved the HC and justice Z K Saiyed heard his petition. Patel's lawyer contended that complaints lodged against his client were in connection with property disputes, which were purely personal in nature. There were no allegations against him that he was a threat to law and order. Hence he could not be described as 'dangerous person', the lawyer said.
The judge too perused documents and concluded that the offences filed against Patel were not enough to describe him as dangerous person for society. The HC quashed the collector's order on October 14 last year.
The state government challenged this before a division bench and submitted that the authority wanted to detain Patel, for he was a land usurper. The division bench of justices V M Sahai and A J Desai went through documents again and found that the entire case was proceeded earlier on the false premise, and a false order came to be passed by the HC.
Asking the single-judge bench to hear the case again, the division bench noticed, "In our opinion, the entire case was proceeded before the single judge on a wrong footing and on non-existent grounds and, therefore, the judgment is required to be set aside in view of the aforesaid factual aspect."
However, the division bench has set aside the judgment and asked the single-judge bench to hear the case again because the ground for seeking Patel's detention was not that he was a 'dangerous person', but because he is dubbed a 'land grabber'.
Last year, the district collector passed an order for detaining Patel under section 2(h) of PASA by terming him a land grabber. Patel moved the HC and justice Z K Saiyed heard his petition. Patel's lawyer contended that complaints lodged against his client were in connection with property disputes, which were purely personal in nature. There were no allegations against him that he was a threat to law and order. Hence he could not be described as 'dangerous person', the lawyer said.
The judge too perused documents and concluded that the offences filed against Patel were not enough to describe him as dangerous person for society. The HC quashed the collector's order on October 14 last year.
The state government challenged this before a division bench and submitted that the authority wanted to detain Patel, for he was a land usurper. The division bench of justices V M Sahai and A J Desai went through documents again and found that the entire case was proceeded earlier on the false premise, and a false order came to be passed by the HC.
Asking the single-judge bench to hear the case again, the division bench noticed, "In our opinion, the entire case was proceeded before the single judge on a wrong footing and on non-existent grounds and, therefore, the judgment is required to be set aside in view of the aforesaid factual aspect."
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