SHAHJAHAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Heard learned advocates for the respective parties through video conferencing.

(2.) The present petition is directed against order of detention dated 20.01.2020 passed by the respondent - detaining authority in exercise of powers conferred under section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under section 2(c) of the Act.

(3.) Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground that the registration of two FIRs being (i) CR. No.-I- 144 of 2019 registered at Bhaktinagar Police Station, Rajkot on 26.11.2019 for the offence punishable under Sections 307 , 450 , 326 , 324 , 323 , 504 , 143 , 147 , 148 , 149 , 427 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act and (ii) CR. No.- I - 182 of 2018 registered at Bhaktinagar Police Station, Rajkot on 13.08.2018 for the offence punishable under Sections 325, 324, 504, 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act by itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Learned advocate for the petitioner further submits that it is not possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society causing threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by rule of law by disturbing public order.