HITESH HAJAJI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE detenu has filed this petition challenging the order of detention dated 19th May, 2011 passed by respondent No.2 under the provisions of sub-Section (2) of Section 3 of the Gujarat Prevention of Anti-social Activities Act, 1985 (hereinafter referred to as the 'PASA Act').

(2.) LEARNED Advocate for the petitioner has invited my attention to the order of detention dated 19th May, 2011 by which detenu was arrested and sent to Junagadh Jail, as well as to the grounds supplied by the detaining authority. In the grounds of detention, one criminal case is shown registered against the detenu.

(3.) HENCE, he has submitted that the impugned order deserves to be quashed and set aside. On the contrary, learned A.G.P. for respondent-detaining Authority has supported the order of detention as well as grounds stated therein and has contended that the Authority has passed the impugned order after taking into consideration all the facts and circumstances of the case, and hence, no case is made out calling for interference of this Court. As a result of hearing and perusal of the record, it appears that the only material that was available with the detaining authority was one criminal case registered against the detenu and on that basis, it cannot be said that the activity of the detenu has become a threat to the maintenance of 'public order' and 'public health'. Mere involvement of the detenu in such activity may not amount to dangerous activity by the detenu and mere mention of them, unless supported by any evidence, cannot be said to be material germane for the purpose of arriving at the subjective satisfaction that the activity of the detenu is prejudicial to the maintenance of 'public order' and 'public health'.