Gujarat government frames new guidelines for PASA orders
The HC on May 5 ordered that three more points be incorporated and to have the guidelines re-issued in 12 weeks
On the Gujarat high court's directions, the state government came up with a new set of guidelines for passing detention orders under the Prevention of Anti-Social Activities Act (PASA), which ask the authorities concerned not to invoke this law without due verification and based merely on a single offence.
On May 3, the state home department introduced 12 measures for officials, asking them to be vigilant about the facts and not to invoke PASA if the person is not likely to cause public disorder.
The HC on May 5 ordered that three more points be incorporated and to have the guidelines re-issued in 12 weeks.
The bench of Justice A S Supehia and Justice D A Joshi said the guidelines are about regulating the process of passing detention orders but are "blissfully silent about accountability fixed on the authority if they are violated while passing a detention order".
The government has been directed to issue another circular, asking officials to strictly comply with the guidelines.
The court ordered that the utmost care be taken in passing detention orders because, for it, "the freedom of a person is supreme and is recognized and embedded in Article 21 of the Constitution of India... freedom cannot be curtailed or restricted by adopting a procedure de hors the rule of law".
The HC order for formulating PASA guidelines came after a petition was filed through advocate H R Prajapati challenging a PASA order.
