HUSAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP waives service of notice of rule on behalf of the respondent State.

(2.) The present petition is directed against order of detention dated 05.12.2019 passed by the respondent - detaining authority in exercise of powers conferred under section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue.

(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 that the registration of two FIRs being (i) CR. No.-I- 86 of 2019 registered at Jetpur Police Station on 13.09.2019 and (ii) CR. No. II 3091 of 2019 registered at Jetpur City Police Station on 24.3.2019 by itself cannot bring the case of the detenue against him. 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.