RAVIKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petition has been filed by the petitioner - detenu Ravikumar S/o Kanhaiyyarai Kurmi though his mother Babitadevi Kanhaiyya Rai challenging the order of detention dated 10.06.2020 passed by the respondent No. 2 under the provisions contained in the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as 'the PASA Act').

(2.) In the instant case, it appears that the respondent No. 2 while relying upon the two FIRs, one registered as C.R. No. I-417 of 2019 registered under the provisions for the offences under sections 392, 395 and 114 of the Indian Penal Code and Section 135(1) of Gujarat Police Act, and the second registered as C.R. No. I-422 of 2020 for the same offences, both at the Khatodra Police Station, has passed the impugned order of detention holding that the petitioner was a "dangerous person" and his activities were likely to adversely affect the maintenance of public order within the meaning of Section 2(c) of the said PASA Act.

(3.) It is sought to be submitted by the learned advocate Mr. Jadhav for the petitioner that apart from the fact that the petitioner at present is suffering from very serious illness, the order passed by the respondent No. 2 is without any application of mind and vague. According to him, both the FIRs against the petitioner were of the same date i.e. 14.10.2019 and in none of the FIRs, the name of the petitioner has been mentioned as the accused, and he was released on bail in both the cases on 03.04.2020. There was nothing on record to show that the petitioner was a "dangerous person" within the meaning of section 2(c) of the said PASA Act.