KETAN JITUBHAI RATHOD Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Rule. Mr.Shivam Dixit, learned AGP waives service of rule on behalf of the Respondents.

(2.) This petition under Article 226 of the Constitution of India is directed against the order of preventive detention dated 16.12.2019 passed by Respondent No.1 - Commissioner of Police, Ahmedabad city, bearing No.PCB/DTN/PASA/1431/2019 in exercise of power under sub-section (2) of Section 3 of the Gujarat Prevention of Antisocial Activities Act, 1985 (for short, 'the Act') whereby, the petitioner has been detained as 'Dangerous Person'. The said order of detention came to be executed upon the petitioner on the very same day.

(3.) Mr.Hardik Thakkar, learned advocate for the petitioner, has drawn the attention of the Court to the contents of the impugned order of detention and submitted that for branding the petitioner as 'Dangerous Person', under Section 2 (c) of the Act, the detaining authority has relied on two cases registered against him being (1) C.R.No.I-72 of 2017 registered with Gaiakwad Haveli Police Station for the alleged offence punishable under Sections 332, 143, 147, 427 and 279 of the Indian Penal Code (for short, 'IPC'), as also under Sections 3 and 7 of the Prevention of Damage to Public Properties Act and (2) C.R.No.I-45 of 2019 registered with Gaiakwad Haveli Police Station for the alleged offence punishable under Sections 143,147,149, 336 and 188 of the IPC, as also under Section 135 (1) of the Gujarat Police Act. Over and above that, according to the submission of the learned advocate for the petitioner, there are stereotyped statements of two anonymous witnesses recorded by the sponsoring authority on 14.12.2019 and claimed to be verified by the detaining authority on 16.12.2019. He has further submitted that considering the FIRs of the registered offences and the record of the cases, it is clear that there is no material to arrive at a subjective satisfaction that the activities carried on by the petitioner are in any manner prejudicial or likely to be prejudicial to the maintenance of public order.