ANSARI RUBINABIBI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Heard Mr. Aamirkhan Pathan, learned advocate for the petitioner and Mr. Rohan Shah, learned AGP for the respondent - State by video conferencing.

(2.) The present petition is directed against order of detention dated 07.01.2020 passed by the respondent - 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 07.01.2020.

(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 of registration of two FIRs, first being CR.No.-I-563 of 2019 registered at Salabatpura Police Station on 29.12.2019 for the offences punishable under Sections 379 , 114 of the I.P.C and other being C.R.No.566 of 2019 registered at Salabatpura Police Station on 30.12.2019 for the offences punishable under Sections 379 , 114 of the Indian Penal Code 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.