Case Note & Summary
The petitioner, Rakeshkumar Keshubhai Gohil, filed a Special Criminal Application under Article 226 of the Constitution of India before the Gujarat High Court challenging an order of detention passed against him. The petitioner's counsel placed on record the detention order and submitted that similar detention orders had been passed against co-accused in the same FIRs. The counsel also produced copies of orders in Special Civil Application No.19316 of 2023 and Special Civil Application No.13686 of 2023, wherein this Court had quashed the detention orders against the co-accused. In light of the fact that the detention order against the co-accused had already been quashed, the Court held that the impugned detention order against the petitioner was also required to be quashed on the same grounds. The petition was allowed, the detention order was quashed, and rule was made absolute.
Headnote
A) Preventive Detention - Quashing of Detention Order - Parity - The petitioner challenged a detention order passed against him. The Court noted that the same detention order against co-accused had already been quashed in Special Civil Application No.13686 of 2023 and Special Civil Application No.19316 of 2023. Held that on the same grounds, the impugned detention order against the petitioner is also required to be quashed. (Paras 1-4)
Issue of Consideration
Whether the detention order against the petitioner should be quashed when the same detention order against co-accused has already been quashed by this Court
Final Decision
Petition allowed. Impugned order of detention quashed. Rule made absolute.
Law Points
- Preventive detention order quashed on grounds of parity when co-accused's detention order already quashed by same court
Case Details
2026 LawText (GUJ) (03) 862
R/Special Criminal Application No. 5794 of 2024
N.S.Sanjay Gowda, D. M. Vyas
Denish V Mavadhiya for Applicant, Chintan Dave for Respondent No.1
Rakeshkumar Keshubhai Gohil
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Nature of Litigation
Challenge to preventive detention order
Remedy Sought
Quashing of detention order against the petitioner
Filing Reason
Detention order passed against petitioner; similar order against co-accused already quashed
Previous Decisions
Detention order against co-accused quashed in Special Civil Application No.13686 of 2023 and Special Civil Application No.19316 of 2023
Issues
Whether the detention order against the petitioner should be quashed on grounds of parity when the same order against co-accused has been quashed
Submissions/Arguments
Petitioner's counsel placed on record detention order and orders quashing similar detention against co-accused, submitted that on same grounds the petitioner's detention order should be quashed
Ratio Decidendi
When a detention order against co-accused has been quashed by the same court, the detention order against the petitioner on the same grounds must also be quashed on the principle of parity.
Judgment Excerpts
In light of the fact that order of detention passed against the co-accused is already quashed in Special Civil Application No.13686 of 2023 and Special Civil Application No.19316 of 2023, the impugned order of detention in this case is also required to be quashed on the same grounds.
The petition is allowed accordingly. The order of detention in so far as this petition is also quashed. Rule is made absolute.
Procedural History
Petitioner filed Special Criminal Application No.5794 of 2024 challenging detention order. During hearing, counsel placed on record orders in Special Civil Application No.19316 of 2023 and Special Civil Application No.13686 of 2023 wherein detention order against co-accused was quashed. Court allowed petition on 03/03/2026.
