NILESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner, through Jigneshbhai Laxmanbhai Modi, has prayed for quashing and setting aside the order of detention dated 21.7.2020 passed by respondent No.2 under provisions of section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as 'the Act of 1985').

(2.) The petitioner has challenged the detention order dated 21.7.2020 mainly on the following grounds:

(3.) Mr. S.D. Mansuri, learned advocate for the petitioner submitted that the reference of the orders of detention passed earlier and orders having been quashed and set aside by this Court, is misplaced. The said issue is squarely covered by the judgment dated 16.12.1999 rendered in Special Civil Application No.3817 of 1999, wherein this Court has in para 11, while referring to the earlier judgment in the case of Chhagan Bhagwan Kahar vs. State of Gujarat , reported in 1993 (2) GLR 1659, held that a fortiori when a detention order is quashed by the court issuing a high prerogative writ like habeas corpus or certiorari, the ground of the said order should not be taken into consideration, either as a whole or in part, even along with fresh grounds of detention for drawing the requisite subjective satisfaction to pass fresh order because once the Court strike down an earlier order by issuing Rule, it nullifies the entire order. It has been observed that the detaining authority, therefore, cannot consider the fact of the earlier detention orders and the activities on which such orders were passed once they are struck down by court. It is, thus, submitted that the order dated 21.7.2020 deserves to be quashed and set aside on this ground alone.