RAVI CHANDUBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the detention order being No. PCB/Detain/PASA/624/2020 dated 07.08.2020, passed by the Police Commissioner, Ahmedabad City under the provisions of Gujarat Prevention of Antisocial Activities Act, 1985 (hereinafter referred to as the 'PASA Act') for the offences which allegedly took place on 24.02.2019 and 17.09.2019 and the petitioner had been detained on 07.08.2020.

(2.) According to the petitioner, there is no live nexus between the alleged illegal activities and the order passed against the petitioner. It is also further urged that he does not fall under the definition of Dangerous Person as observed by the Apex Court in case of Mustakmiya Jabbarmiya Shaikh vs. M.M.Mehta , 1995 3 SCC 237. It is further the say of the petitioner that there is no material to make out a case that he has become a threat and menace to the society so as to disturb the whole tempo of the society and that the social apparatus is in peril, disturbing public order at the instance of such person. It is therefore urged that there is no material worth the name to indicate that he is a dangerous person jeopardizing the public order and therefore, it should be termed as misuse of the powers of detention and subjective satisfaction arrived at by the authority is vitiated and therefore, the order needs interference.

(3.) The prayer sought for in this petition are as follows: -