RIYAZ ISMAILBHAI DAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present petition, under Article 226 of Constitution of India, the petitioner challenges the action on the part of the respondent and direction not to pass and/or execute the order of detention against the petitioner under the provisions of Gujarat Prevention of Anti -Social Activities Act, 1985 (hereinafter referred to as 'PASA Act) at the pre -execution stage. It appears that three offences vide C.R.No.I -227 of 2013 for the offences punishable under Sections 365, 114, 323 and 504 of the Indian Penal Code and 37(1) and 135 of the G.P. Act, C.R.No.II -130 of 2013 for the offence punishable under Section 506(2) of the Indian Penal Code and C.R.No.I -168 of 2013 for the offence punishable under Sections 143, 506(2) and 504 of the Indian Penal Code are registered with Pradyumannagar Police Station Rajkot City against the petitioner. It appears that the petitioner is released on bail in connection with the aforesaid F.I.R. by the learned Judicial Magistrate First Class, Rajkot. Because of the registration of the said offences against the petitioner, the petitioner apprehends that respondent no.2 may serve detention order against the petitioner, hence this petition at pre -execution stage on the ground that the authorities could not have prepared and sought the service of the detention order under the PASA Act as the petitioner is falsely implicated with the alleged offences and therefore he cannot be termed as 'dangerous person as defined u/S. 2(c) of the PASA Act.

(2.) SUCH proposed order is also challenged on the ground that except the alleged offences, there is no other material to show that the alleged activities of the petitioner is affecting or likely to affect adversely maintenance of public order and hence the order of detention is illegal and bad in law. It is also challenged on the ground that the subjective satisfaction arrived by the detention authority is vitiated on account of non -application of mind as there is no nexus and link for the alleged activities with the disturbance of public order. Therefore, due to the impugned action on the part of the respondents, the fundamental right of the petitioner under Articles 14 and 21 of the Constitution of India are violated.

(3.) THE petitioner has filed this petition under Articles 21, 22 and 226 of the Constitution of India and made following prayers in Paragraph 8 of the petition;