SHARUKH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner through his wife Shabana Shakhrukh Kureshi has challenged the legality of the order of detention of her husband viz. Shahrukh @ Baba Anisbhai Kureshi, dated 03.12.2019 passed by respondent no.1 - Commissioner of Police, Ahmedabad, 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 Ahmedabad City. In pursuance of the said order dated 03.12.2019, the detenue has been detained in jail at Surat.

(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-51/2018 registered at Shaherkotda Police Station, Ahmedabad, under Section 392 of IPC and the second FIR being C.R. No.I-57/2019 is registered at Kalupur Police Station, Ahmedabad, under Section 324 of IPC and Section 135(1) of G.P.Act. .

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