NITINBHAI KARSHANBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The instant petition has been filed by the petitioner - detenu challenging the legality and validity of the impugned order of detention dated 23.04.2020 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 said Act').

(2.) The petitioner - detenu having been allegedly involved in the three cases registered under the IPC and the three witnesses having made statements against the petitioner, the respondent No. 2 has passed the impugned order declaring him as a "dangerous person" within the meaning of Section 2(c) of the said Act and further holding that his activities are likely to adversely affect the maintenance of the public order.

(3.) It is sought to be submitted by the learned advocate Ms. Patel for the petitioner that all the three cases mentioned in the impugned detention order pertained to the individuals, and he could not be termed as a "dangerous person", nor his activities could be said to have adversely affected the maintenance of public order. She also submitted that out of the three cases, one case is pending for trial, and two cases are pending for investigation, and the petitioner has been released on bail in all three cases. Ms. Patel has heavily placed reliance on the decision of the Supreme Court in the case of Mustakmiya Jabbarmiya Shaikh vs M.M. Mehta, Commissioner Of Police and others, 1995 3 SCC 237 in support of her submission that in absence of any material to show that the activities of detenu were likely to adversely affect the maintenance of public order, the detention order is liable to be set aside.