FARUK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition preferred under Article 226 of the Constitution of India in a matter where the subjective satisfaction has been arrived at by the respondent no.2 while exercising the powers under Section 3(1) of the Gujarat Prevention of Antisocial Activities Act (PASA Act, herein after) in passing the order of detention against the petitioner being no. PCB/PASA/DTN/180/2020 dated 10.07.2020 so as to prevent the petitioner dealing in any manner prejudicial to the maintenance of the public order under the purported exercise of powers conferred upon the respondent no.2. The petitioner termed as Dangerous Person within the meaning of provisions of PASA Act.

(2.) There are two FIRs of theft registered against the petitioner. These are the offences pending the trial and therefore, the petitioner is aggrieved by the fact that serious and stringent measures of detention under the PASA cannot be invoked against him by terming him as a dangerous person by stating that his actions can disturb the public order at large. It is further urged that the public order could be disturbed only if his activities would be of such a nature where the society, as a whole, would feel scared and threatened by such act of his. The ordinary law of the country since is capable of handling the same, the subjective satisfaction arrived at is to be held as vitiated. Therefore, seeking following prayers, request is made to quash and set aside the order impugned.

(3.) The rule is issued by this Court (Coram: Mr. Bhargav D. Karia,J.) on 05.11.2020 and the matter has come up for hearing today before this Court where learned advocate Mr. Gajendra Baghel has been heard at length for and on behalf of the petitioner.