The Gujarat High Court asked the District Magistrate of Gir-Somnath whether he takes care of citizens in the same way as he cares for cows.
A petition has been filed in the High Court, challenging the order passed by the District Magistrate, Gir-Somnath dated May 12, 2021, whereby the petitioner is treated as ‘a cruel person’ and detained under the Gujarat Prevention of Anti-Social Activities Act, 1985.
Denish Mahadhiya, Advocate for the petitioner, submitted that mere filing of two FIRs is no ground for the detaining authority to arrive at the conclusion that the activities of the petitioner are prejudicial to the maintenance of public order.
It is further submitted that mere reading of two FIRs in question would make it clear that the order is unsustainable. The Counsel for the petitioner prayed that the order be quashed and set aside.
Aditiyasinh Jadeja, appearing for the respondent Authorities, supported the detention order passed by the detaining authority and submitted that the order is based on sufficient material and the detaining authority has rightly arrived at the conclusion that the activities of the petitioner are prejudicial to the maintenance of the public order. It is submitted that the petition be dismissed.
A Single Bench of Justice Paresh Upadhyay, having heard the Advocates for the respective parties and having considered the material on record, found that the detaining authority has exercised the powers, treating the petitioner as a ‘cruel person’ within the meaning of Section 2(bbb) of the Act. The two FIRs, which is the basis to treat the petitioner as such a person is referred to the order and further details in that regard are on record.
“On conjoint consideration of the material and the arguments of the contesting parties, prima facie, the order is not sustainable”, the Court said.
The High Court gave opportunity to the detaining authority, to file reply inter alia mentioning therein, “whether the care which is claimed to have been taken on behalf of the State for gauvansh in the present case, similar care is being taken for citizens in the area under his jurisdiction.”
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It was observed by the Court that until the final order is passed after considering the reply, the petitioner needs to be protected. Further execution of the detention order needs to be suspended.
“The execution of the order passed by the District Magistrate, Gir-Somnath dated May 12, 2021 is suspended until further order. The petitioner / detenue is ordered to be set at liberty forthwith, if not required in any other case”, the order read.