TMI Blog2010 (5) TMI 947X X X X Extracts X X X X X X X X Extracts X X X X ..... tition, petitioner has prayed to issue a writ of habeas corpus or a writ of mandamus or a writ of certiorari or any other appropriate writ, order or direction in the like nature quashing and setting aside the impugned order of detention dated 30.12.2008 passed by the respondent no.1. Second prayer sought is to stay the implementation and execution of the detention order dated 30.12.2008 and the notification dated 4.7.09 and to direct the respondent to place the order of detention and the grounds of detention against the petitioner and to initiate contempt proceedings for violation of binding judgments of the High Court. 3. Learned advvocate Mr. N.M. Kapadia for the petitioner submitted that Prohibition CR NO. 175/2008 came to be register ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ivil Application filed by Kishor @ Kishu Murubhai Vala was allowed and the impugned order of detention passed by the Commissioner of Police, Rajkot City was quashed and set aside. Learned advocate, thus, submitted that in view of the aforesaid order passed by the coordinate Bench of this Court, the petitioner also deserves to be granted the same relief as prayed for in the petition. 4. Learned advocate has placed reliance on the following judgments in support of the submissions canvassed at the bar. The same are as under:- [1] Alpesh Navinchandra Shah v. State of Maharashtra, reported in [2007] 2 Supreme Court Cases 777; [2] Deepak Bajaj vs. State of Maharashtra and Anr., reported in 2009 [1] G.L.H. 140. 5. Ms. Jirga D. Jhaveri, le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otlegger which are prejudicial to maintenance of public order. In view of the aforesaid facts and circumstances of the case, even though the petitioner is involved in solitary offence, there was sufficient material to arrive at a subjective satisfaction of the competent authority to come to a conclusion that the activities of the petitioner were detrimental to public order and, therefore, the order was passed within the meaning of Section 3[2] of PASA Act. Learned AGP further submitted that even the warrant for absconding petitioner was issued on 11.6.09, because, inspite of the efforts made right from 31.12.2008 to 11.6.2009 and even thereafter, he was evading arrest. Learned AGP submitted that in view of the aforesaid facts and circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... renuous efforts on the part of the police to nab him, the police could not do so and hence he was declared as absconding and wanted. The petitioner cannot take undue advantage of his own omissions and commissions and contend that he was available at the usual place of residence. I crave leave of the Hon'ble Court to refer to and rely upon the relevant records pertaining to the efforts put in by the police to nab him, at the time of hearing of the petition. Therefore, the contention raised by the petitioner in this para is not tenable at law. Thus, on perusal of the affidavit in reply, more particularly, para-7 thereof, it becomes clear that the petitioner was absconding and evading arrest and avoiding due process of law despite stre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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