SARFRAJALI YAKUBALI SAIYAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is directed against order of datention dated 22.04.2020 in DCPOL/PASA/DTN/SR/04/2020 passed by respondent No.2 detaining authority in exercise of powers conferred under Section 3(2) 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. The petitioner is detained Since 11.04.2020

(2.) Heard Mr. Jitendrakumar S. Kotai, learned advocate for the petitioner and Ms. Jyoti Bhatt, learned AGP for the respondent.

(3.) Mr. Kotai, learned advocate for the petitioner vehemently submits that the impugned order of detention deserved to be quashed and set aside on the ground that the petitioner is detained under PASA on the basis of registration of offence under the provision of Indian Penal Code & Disaster Management Act . It is his submission that mere registration of FIR in respect of offence under Disaster Management Act would not bring the petitioner within the purview of "dangerous person" as defined under Section 2(c) of PASA Act. He submits that the FIR was registered against the petitioner on account of breach of lockdown imposed by the Government to curb spread of COVID-19 pandemic. He further submitted that the alleged breach of lockdown do not have any nexus or bearing with the maintenance of public order. According to his submission the alleged breach of lockdown by the petitioner can be said to be breach of law and order. He would also submit that the alleged activity of the petitioner can be said to have affected the even tempo of society and thereby prejudicial to maintenance public order, and therefore also the detention of the petitioner under the PASA is bad in law.