Stop invoking the prevention of anti-social activities for a single offence: Supreme Court of Gujarat | Ahmedabad News

AHMEDABAD: Irritated with the municipal police for having invoked the provisions of Prevention of antisocial activities (PASA) Deed and order of detention against a person subject to a case of prohibition, Gujarat High Court says he can order compensation for the person.
The Bench of Justice SH Vora and Judge RM Sareen was unconvinced by the proposal to book a Hitesh Patel under PASA after a liquor ban case was filed against him. When Patel’s application against the detention orders was heard, Judge Vora told the government lawyer: “You have a policy, a directive that there would be no PASA for a single offence. officers not aware of their own guidelines to their attention, particularly the para that there should be no Proposal and Order (PASA) for an offence.”
Referring to the repeated mistakes made by the officers, the judge said: “If they don’t understand this, call them here. We will make them understand. Or we will also place a compensation order. to put an end to it.”
The government lawyer said she would convey the court’s sentiment to the relevant authorities.
The HC temporarily shielded Patel from being detained under PASA with the observation that the subjective satisfaction the authority must arrive at to invoke PASA “cannot be considered legal, valid and lawful in the to the extent that the offenses alleged in the FIR/s cannot have any impact on public order since the laws of the country are sufficient to regulate the situation…”
The court further stated that the purpose of detaining a person under PASA is only when he “has become a threat and a threat to society to disrupt the whole rhythm of society and the the whole social apparatus is in danger by disturbing public order at the example of this person.
HC sent a notice to the state government and the city’s police commissioner requesting a response by September 29.

Joel C. Hicks