SUBHASHCHANDRA CHIMANLAL THAKKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition is directed against the order of detention dated 20.07.2012 passed by respondent No.2 ­ District Magistrate, Ahmedabad in exercise of powers conferred under Section 3(1)/3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (in short "the Act") by detaining the detenue as a "property grabber" as defined under Section 2(b) of the Act.

(2.) Learned Advocate for the detenue submits that registration of the FIR's itself cannot lead to disturbance of even tempo of public life and therefore the public order. He further submits that, except the FIR's registered under the Indian Penal Code, there was no other material before the detaining authority whereby it could be inferred reasonably that the detenue is a 'property grabber' within the Act and required to be detained as the detenue's activities are prejudicial to the maintenance of public health and public order. It has also been submitted by learned advocate appearing for the petitioner that the detention order qua co detenu has been quashed by this Court in Special Civil Application No.3126 of 2012 dated 12.6.2012 and Special Civil Application No.2524 of 2012 dated 9.3.2012.

(3.) HAVING heard the rival submissions of the parties and perused the record of the case, I am of the view that the FIR's registered alone cannot be said to be sufficient enough to arrive at subjective satisfaction to the effect that the activities, as alleged, are prejudicial to the public order or lead to disturbance of public order. There has to be nexus and link for such activities with disturbance of the public order.