Gujarat HC: Preventive detention pleas must be heard by division bench

By: Express News Service | Ahmedabad |

October 4, 2020 1:13:13 am

Gujarat HC: Preventive detention pleas should be heard by division benchThe petitioner, Haidarsha Pir, was positioned underneath preventive detention on July 29 following an order to the impact handed by the district Justice of the Peace of Kutch-Bhuj on the bottom of Pir being a “harmful particular person”. (File picture)

While quashing the order of a single decide of its courtroom which dismissed a plea by a Bhuj resident difficult his preventive detention, a division bench of Gujarat High Court steered that such issues be handled as habeas corpus petitions and must be heard by a division bench and never by a single decide.

The judgement by the division bench of Chief Justice Vikram Nath and Justice J B Pardiwala, dated September 18, arrived on the conclusion contemplating the side that an individual detained underneath the preventive detention regulation is neither introduced earlier than a Justice of the Peace neither is the detenue entitled to seek the advice of a authorized practitioner and when an individual is disadvantaged of his private liberty as is assured by the Constitution, “he will get the proper to problem such detention on the grounds obtainable in regulation.”

The petitioner, Haidarsha Pir, was positioned underneath preventive detention on July 29 following an order to the impact handed by the district Justice of the Peace of Kutch-Bhuj on the bottom of Pir being a “harmful particular person”.

This order was challenged on its legality and validity by Pir earlier than 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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