[PASA Amendment] 'A Welcoming Step But Effective Implementation And Execution Is A Must', Gujarat HC Gives SuggestionsTo Prevent The Misuse Of The Act [Read Judgment]

The Gujarat High court on Monday welcomed the State Government's decision to extend the application of the Prevention of Anti-Social Activities Act, 1985 to cybercriminals, loan sharks and sexual offenders amongst the others. However, we would like to remind the State Government that the High Court would very rarely make suggestions and if in a particular case, any suggestions are made, they are always in larger public interest" Background of the present case The Court was hearing an appeal under Clause 15 of the Letters Patent which was filed at the instance of the original writ applicant and was directed against the Judgment and order passed by a learned Single Judge of the High Court dated 4th August 2020 in the Special Civil Application No.8091 of 2020. The Single Judge had rejected the writ application affirming the order of preventive detention dated 7th April 2020 passed against the appellant herein under Section 3 of the Gujarat Prevention of Anti-social Activities Act, 1985 branding the appellant as a "dangerous person", as defined under Section 2 of the Act, 1985. Further, the Court held, "Prima facie, it appears on a plain reading of the impugned judgement and order passed by the learned Single Judge is that what weighed with the learned Single Judge in rejecting the writ application is the fact that the appellant used a lethal weapon like a knife for the purpose of administering threats to the complainant and the gathering of the public at the place where such threats were administered."