RAAYLABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition, the petitioner seeks to challenge the order dated 20.8.2020 passed by the respondent No. 2 bearing order No. PCB/DTN/PASA/702 of 2020 under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 [for short, "the PASA Act"] detaining the petitioner detenue in Surat Jail by branding him as "dangerous person" as arbitrary, illegal, unreasonable and contrary to the provisions of settled law.

(2.) It is the grievance on the part of the petitioner that the petitioner is termed as a "dangerous person" and his activities are alleged to be prejudicial to the maintenance of public order however, the detaining authority has failed to substantiate that the alleged activities of the petitioner either adversely have affected or are likely to affect the maintenance of public order. Even assuming that he is dangerous person within the meaning of Section 2(c) of PASA Act, he cannot be preventively detained under the provision of PASA Act and as laid down under sub-section (4) of Section 3 of the PASA Act, the public order is disrupted. In absence of any contemporaneous record available with the detaining authority, the order deserves to be interfered with. Therefore, present petition with following prayers:

(3.) This Court issued the Rule (Coram: Justice A.J. Desai) on 23.9.2020 and the matter has been posted for final hearing in seriatim.