AADIL SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Rajendra Jadhav, learned counsel for the petitioner and Mr. Dhawan Jaiswal, learned AGP for the respondents through video conferencing.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner through his uncle Wasim Aminuddin Shaikh has challenged the legality of the order of detention of his nephew viz. Adil Shaikh S/o. Shakil Shaikh, dated 25.01.2020 passed by respondent no.2 - Commissioner of Police, Surat, under sub- section 2 of Section 3 of the Gujarat Prevention of Anti- Social Activities Act, 1985 ("P.A.S.A Act" for short) by detaining the detenue as a '"dangerous person" as defined under Section 2(c) of the PASA Act with a view to prevent the detenue from acting in any manner prejudicial to the maintenance of public order in the area of Surat City. In pursuance of the said order dated 25.01.2020, the detenue has been detained in Special Jail at Bhuj, Dist.: Kachchh.

(3.) The detenue came to be detained as a "dangerous person" on his involvement in two offences i.e. FIR being C.R.No.I- 553/2019 registered at Salabatpura Police Station, Surat, under Sections 379(A)(3) , 447 and 114 of IPC and the second FIR being part A - 11210055200020/2020 is also registered at Salabatpura Police Station under Sections 379 and 114 of IPC.