October 4, 2020 1:13:13 am
While quashing the order of a single judge of its court which dismissed a plea by a Bhuj resident challenging his preventive detention, a division bench of Gujarat High Court suggested that such matters be treated as habeas corpus petitions and should be heard by a division bench and not by a single judge.
The judgement by the division bench of Chief Justice Vikram Nath and Justice J B Pardiwala, dated September 18, arrived at the conclusion considering the aspect that a person detained under the preventive detention law is neither brought before a magistrate nor is the detenue entitled to consult a legal practitioner and when a person is deprived of his personal liberty as is guaranteed by the Constitution, “he gets the right to challenge such detention on the grounds available in law.”
The petitioner, Haidarsha Pir, was placed under preventive detention on July 29 following an order to the effect passed by the district magistrate of Kutch-Bhuj on the ground of Pir being a “dangerous person”.
This order was challenged on its legality and validity by Pir before a single-judge courtroom of Justice Bela Trivedi.
However, Justice Trivedi had declined to look into the legality and validity of the detention order.
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