MOINUDDIN KAMALBHAI QURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the detenue has challenged the order of detention dated 22/09/2012 passed by respondent No.2 herein The Commissioner of Police, Ahmedabad City under the provisions of sub-sec(2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as PASA Act ).

(2.) LEARNED advocate, Mr.Saiyad, appearing for the petitioner-detenue has invited my attention to the order of detention dated 22/09/2012, by which, the detenue was arrested and sent to Junagadh Jail. The ground of detaining the accused is that one offence was registered against the petitioner under the provisions of Sections 474 & 114 of the Indian Penal Code; Sections 5, 6, 6(b) (1)(2)(3) of the Gujarat Animals Preservation Act, 1954; Section 11(L) of the Prevention of Cruelty to Animals Act, 1960 and Section 335 and 336 of the G.P.M.C. Act and Section 119 of the G.P. Act. He is, therefore, a cruel person as defined under Section 2(bbb) of the PASA Act. Learned advocate appearing for the petitioner has submitted that, except this solitary offence, there is no material with the detaining authority to detain the petitioner under the provisions of the PASA Act. It is submitted that the order is vitiated because only on the basis of one offence registered against the petitioner and in absence of any other material to show involvement of the petitioner in similar activities, the detaining authority has recorded a subjective satisfaction that the petitioner is a cruel person . The definition of cruel person requires habitual involvement and, therefore, the subjective satisfaction and the consequential order are vitiated.

(3.) HAVING regard to the contentions raised on behalf of the petitioner, it would be necessary to refer to the definition of cruel person as given in Section 2(bbb) of the Gujarat Prevention of Antisocial Activities Act, 1985, which runs as under:-