Premium
This is an archive article published on June 4, 2003

HC orders release of 65 PASA detinues

The Gujarat High Court has ordered the release of 65 persons being held under preventive detention law as the state failed to explain why th...

.

The Gujarat High Court has ordered the release of 65 persons being held under preventive detention law as the state failed to explain why they were being held.

Acting Chief Justice J.N. Bhatt ordered their release on May 27 on the grounds that the Home Department had not considered representations made by the detainees and had not filed the reply on affidavit.

Some of those released had been arrested as long back as November. The Prevention of Anti-Social Activities (PASA) Act, 1985, allows detention of habitual offenders without bail for upto six months.

Story continues below this ad

Like in the Goonda and Rowdy Acts of other states, the power to detain is vested with police commissioners (in commissionerate areas) and district magistrates after clearance by a PASA review committee of the Home Department. After failing to get reprieve from the committee, the 65 detainees had moved the court challenging their arrest.

Among the grounds on which they challenged their detention were the long gap between the day the last offense was registered and the day the detention was ordered. Also, some of the detainees were already in police or judicial custody when PASA was invoked against them.

The court found that the Home Department failed to file replies in court justifying the detention and ordered their release from various jails across the state.

Latest Comment
Post Comment
Read Comments
Advertisement
Advertisement
Advertisement
Advertisement