CW-2013-0035Amreli, GujaratJudgment 7 October 2013

Dhari Resident vs State of Gujarat through Secretary and Anr.

The petitioner was detained under the Gujarat PASA Act by the District Magistrate, Amreli on 16-12-2007 on police-sponsored material and held for about 45 days. The High Court found the detention order illegal, passed on vague and arbitrary grounds with an ulterior motive to harass: the complainant denied the incident, signatory witnesses disowned complaints, and no statements were properly considered. Relying on Nilabati Behera and the Uphaar Tragedy case on compensation for Article 21 violations, the court awarded Rs.1,50,000 compensation payable by the State within eight weeks, recoverable in equal proportions from the erring officers' salaries. The petition was allowed to that extent and the Rule made absolute. Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 7 October 2013 in Special Civil Application No. 595 of 2009, the Gujarat High Court (Coram: S. G. Shah, J.) returned findings adverse to 2 police personnel, namely: District Magistrate, Amreli; Police Sub-Inspector, Dhari Police Station, Amreli, and directed payment of compensation of Rs 1.5 lakh (Rs 1,50,000).

Register number
GJ 14 CW 0002
Case reference
Special Civil Application No. 595 of 2009
Court and date
Gujarat High Court (Coram: S. G. Shah, J.), 7 October 2013
Officer(s) at the material time
District Magistrate, Amreli; Police Sub-Inspector, Dhari Police Station, Amreli
Present service status
Not ascertained from the cited sources.
Provisions invoked
PASA 1985 s.3(2)
Finding of the Court (extract)
“Therefore, I hold that respondents have misused their powers under the PASA for illegal detention and hence the petitioner is entitled to compensation.” (at para 20)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 1.5 lakh (Rs 1,50,000).
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Gujarat High Court judgment dated 7 October 2013 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“Therefore, I hold that respondents have misused their powers under the PASA for illegal detention and hence the petitioner is entitled to compensation.” (para 20)

Institutional response

1
7 Oct 2013

Order issued

Concluded
Gujarat High Court External · Binding

The Gujarat High Court recorded adverse findings against police personnel and ordered Rs 150,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: Special Civil Application No. 595 of 2009
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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