KISHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner through his friend Tejaskumar Somabhai Parmar has challenged the legality of the order of detention of Kishan @ Chakli Parmar (Jogi), dated 23.01.2020 passed by respondent no.2 - Commissioner of Police, Surat, 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 Rajkot City. In pursuance of the said order dated 07.01.2020, the detenue has been detained at Central Jail, Rajkot.

(2.) The detenue came to be detained as a dangerous person on his involvement in two offences i.e. FIR being C.R.No.I- 356/2018 registered at Surat, Puna Police Station, Surat, under Sections 379 and 114 of IPC, and second FIR being C.R. No. I-114/2019 registered at Udhna Police Station, Surat, under Section 392 , 394 and 114 of IPC.

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