GUJARAT PASA – COMPLETE ANALYTICAL CHART

Posted on February 26, 2026 by Admin

📘 PART 1: GUJARAT PASA – COMPLETE ANALYTICAL CHART

(Prevention of Anti-Social Activities Act, 1985)

⚖ 1. OBJECT OF PASA

Aspect	Explanation
Nature	Preventive detention law (not punitive)
Purpose	To prevent future harmful activities
Constitutional Basis	Article 22(3)(b) – Preventive Detention
Governing Safeguard	Article 21 + Article 22(4)-(7)

⚖ 2. WHO CAN BE DETAINED UNDER PASA?

Category	Meaning
Bootlegger	Habitual liquor offender
Dangerous Person	Habitual violent offender
Drug Offender	NDPS habitual offender
Immoral Traffic Offender	PITA related
Property Grabber	Land grabbing
Cyber Offender	IT-related repeat offender
Anti-Social Element	Disturbs public order

⚖ 3. PUBLIC ORDER vs LAW & ORDER

Law & Order	Public Order
Affects individual	Affects community at large
Local disturbance	Disturbs even tempo of society

🔑 Key Case:
Rekha v. State of Tamil Nadu – Preventive detention cannot substitute ordinary criminal law.

⚖ 4. ESSENTIAL REQUIREMENTS FOR VALID PASA DETENTION

Requirement	Judicial Principle
Subjective satisfaction	Must be based on relevant material
Proximity test	“Live link” between incident & detention
No stale grounds	Old incidents invalidate detention
Communication of grounds	Within statutory period
Right to representation	Must be real and effective

🔑 Important Cases:

Mustakmiya Jabbarmiya Shaikh v. State of Gujarat – Mere registration of FIR not enough.
Chandrakantbhai Jethabhai Patel v. State of Gujarat – Subjective satisfaction must be based on material.
Huidrom Konungjao Singh v. State of Manipur – Live link doctrine.

⚖ 5. GROUNDS FOR QUASHING PASA DETENTION

Ground	Effect
Non-application of mind	Order illegal
Delay in passing order	Breaks proximity
Non-supply of documents	Violates Article 22(5)
Mechanical satisfaction	Order quashed
Detention despite bail	Must justify compelling reasons

🔑 Case:
Rekha v. State of Tamil Nadu

⚖ 6. JUDICIAL REVIEW SCOPE

Court does NOT review sufficiency of material.
Court CAN examine:

Relevance
Non-application of mind
Constitutional safeguards

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