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Judgment
Vipul M. Pancholi, J
In this petition, which is filed under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs,
“A. xxx xxx xxx.
B. This Hon’ble Court may be pleased to allow this Special Civil Application by issuing a writ of mandamus or any other appropriate, writ, order or direction quashing and setting aside the order of detention passed by the respondent No.2 at a pre-execution stage.
C. This Hon’ble Court may be pleased to direct respondents, and/or their agents, servants, persons, employees etc. not to execute the order of detention till the admission, hearing and final disposal of this petition and thus to stay further proceeding.
D. This Hon’ble Court may be pleased to direct the respondent no.2 to produce the order of detention along with the grounds of detention before this Hon’ble Court for kind perusal of the same and for the adjudication of present petition in the interest of justice.
E. xxx xxx xxx.”
Heard learned advocate, Mr. Bhavin Raiyani for the petitioner and learned AGP Ms. Nidhi Vyas for the respondents.
Learned advocate for the petitioner submitted that one FIR is registered against the petitioner on 23.11.2022 under the Prohibition Act, wherein the petitioner is shown as accused no.3. Learned advocate submitted that on the basis of the said FIR, the petitioner is apprehending that the order of detention is likely to be passed against the petitioner under the provision of Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as “PASA Act” for short) and, therefore, the petitioner has filed the present petition. Learned advocate, at this stage, has drawn attention of this Court on the order dated 09.12.2022 passed by the Coordinate Bench of this Court in the present matter. It is submitted that this Court by the said order issued notice and granted protection to the petitioner. Learned advocate for the petitioner has referred to the averments made in the petition and contended that the father of the petitioner was arrested immediately after the registration of the FIR and during remand, the petitioner has received specific information regarding the order of detention, which is passed against the petitioner and, therefore on the basis of the said apprehension, the petitioner has preferred the present petition. Learned advocate, therefore, urged that this petition be allowed.
On the other hand, learned AGP has placed on record a communication dated 03.01.2023 addressed by the Police Sub Inspector, Crime Branch, Ahmedabad City to learned Government Pleader, High Court of Gujarat and submitted that in the said communication, it is specifically stated that the order of detention has not been passed against the petitioner, however, in future if another FIR is registered against the petitioner, the concerned authority will take appropriate steps.
We have considered the submissions canvassed by learned advocates for the parties. We have also perused the material placed on record. From the record, it appears that FIR is registered against the petitioner on 23.11.2022 at about 19:15 hours and surprisingly, the petitioner has filed the present petitioner on the very next date i.e. on 24.11.2022. From the record, it is also clear that the petitioner has made false averments on affidavit in Paragraph No.2 of the petition,
“……………………………. At present father of petitioner is in police custody due to remand and during remand the petitioner was received specific information regarding detention. ……………………”
Thus the aforesaid averment is made by the petitioner on oath, which is not correct and within few hours of filing of the FIR, the present petition is filed. Thus, this Court is of the view that this is nothing but an abuse of the process of the Court and, therefore, we are not inclined to entertain the present petition.
Accordingly, the present petition is rejected with cost of Rs.5,000/- because of incorrect averments and statement made in the petition on oath. Notice is discharged. Interim relief, if any, stands vacated. The petitioner shall deposit the said amount before the Gujarat State Legal Service Authority within one month from today.