GUJARAT PASA – COMPLETE ANALYTICAL CHART

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📘 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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