RAHISHBEG RAMZANBEG MIRZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed under Article 226 read with Articles 21 and 22(5) of the Constitution of India, challenging the legality and validity of the order of detention dated 11/2/2010, passed by the Police Commissioner, Ahmedabad in exercise of powers under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985.

(2.) The detenu has been branded as a 'dangerous person'. The order of detention, which was executed on 13/2/2010, reveals that the detaining authority took into consideration three offences of theft of mobile phone, gold chain, cash etc. are registered under Sections 379 and 114 of the Indian Penal Code vide C.R. No. I-598 of 2009 at Navrangpura Police Station, C.R. No. I-302 of 2009 at Shaherkotda Police Station, C.R. No. I-227 of 2009 at Meghaninagar Police Station. The detaining authority came to the conclusion that the detenu was a 'dangerous person' with a propensity of being engaged in illegal activities of theft and causing economic losses, therefore, he is an anti-social person and should be detained.

(3.) Ms. Banna Dutta, learned Advocate for Mr. A.R. Shaikh, learned counsel for the petitioner has submitted that the offences registered against the detenu under the Indian Penal Code cannot be said to be disturbing to the public order, and merely by registration of aforesaid offences would not give the detaining authority sufficient justification for passing the order of detention against the detenu. The learned counsel for the petitioner has further submitted that even if it is assumed, though denied, that the detenu is engaged in any anti-social activities, the only disturbance that can be caused is to the law and order situation, and not to public order, therefore, the detention of the detenu is not necessary and the impugned order of detention deserves to be quashed and set aside.