KISHAN PUNJABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Nimesh Patel, learned advocate for Mr. M.H. Shekhawat, learned counsel for the petitioner and Mr. Soham Joshi, learned AGP for the respondents.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner through his brother Vonodbhai Punjabhai Solanki, has challenged the legality of the order of detention of his brother viz. Kishan Punjabhai Solanki dated 22.12.2019 passed by respondent no.2 - Commissioner of Police, Ahmedabad, 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 Ahmedabad City. In pursuance of the said order dated 22.12.2019, the detenue has been detained in jail at Rajkot.

(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- 190/2019 registered at Sabarmati Police Station, Ahmedabad under Sections 294(b) , 427 and 114 of IPC and the second FIR being C.R. No.I-191/2019 is registered at Sabarmati Police Station under Sections 186 , 323 , 332 , 333 294(b) , 506(1) and 114 of IPC.