BACHUBHAI BHIKHABHAI KUCHHADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner through his son Nilesh Bachubhai Kachhadiya has challenged the legality of the order of detention of his father viz. Bachubhai Bhikhabhai Kachhadiya, dated 02.05.2020 passed by respondent no.2 - District Magistrate, Porbandar, 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 Porbandar. In pursuance of the said order dated 02. 05.2020, the detenue has been detained in jail at Nadiad.

(2.) The detenue came to be detained as a dangerous person on his involvement in the offence i.e. FIR being C.R.No.I-Part A 11218005200159 of 2020 registered at Navi Bandar Marine Police Station, Porbandar, under Sections 188 , 186 , 504 , 506(2) and 114 of the IPC, Section 135 of the Gujarat Police Act and Section 51(a) of the National Disaster Management Act , 2005.

(3.) Learned counsel for the petitioner has raised the following contentions: