Aaquib Chhipa, Ahmedabad: The Gujarat High Court has quashed a PASA order passed by the district magistrate in Kutch against a man with some mental health issues, who was booked under Prevention of Anti Social Activity Act (PASA).
He was booked after allegedly making an inflammatory speech from a mosque in Bhuj during the lockdown. A single-judge bench of the Gujarat High Court while quashing the PASA order observed that the accused Mamad Luhar cannot be branded as a dangerous person under provisions of PASA merely by registration of FIR.
The FIR by itself cannot have any nexus with the breach of maintenance of public order, it said.
What the counsel argued in the high court
Advocate Mazhar Pathan representing the applicant submitted before the court that the offence lodged against the accused doesn’t fall under the category of a dangerous person of section 2(c) of PASA Act.
He argued that with respect to criminal cases the present case doesn’t affect the tempo of society. The court also lambasted the authorities who detained the man after they failed to file a reply in the present proceedings.
“Whenever an order of detention is challenged by the detenu or his next friend, it is the duty of the authority to justify their action by filing counter affidavit preferably by the detaining authority himself, unless there are circumstances which may justify the filing of an affidavit by an officer or authority other than detaining authority,” the court said.
According to the FIR lodged with Bhuj Town ‘A’ division police station, the accused Mamad Luhar on May 7, 2020, entered the mosque Imam e Rabbani at 2.20 am and started giving an inflammatory speech which could have led to communal disturbance. He was later booked under PASA and was sent to Surat jail.
To read the latest news in Gujarati click here