HITESHKUMAR HASMUKHBHAI PATEL Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS petition is directed against the order of detention dated 28.3.2013 passed by respondent No.1, in exercise of powers conferred under section 3(1) of the Gujarat Prevention of Anti Social Activities Act, 1985 [for short 'the Act'] by detaining the detenue as a "dangerous person" as defined under section 2(c) of the Act.

(3.) LEARNED counsel for the detenue, placing reliance on the decisions reported in the cases of [i] Ranubhai Bhikhabhai Bharwad [Vekaria] v. State of Gujarat reported in 2000[3] GLR 2696, [ii] Ashokbhai Jivraj @ Jivabhai Solanki v. Police Commissioner, Surat reported in 2000[1] GLH 393; and [iii] Mustakmiya Jabbarmiya Shaikh v. M.M. Mehta, reported in [1995] 3 SCC 237, submitted that the case on hand is squarely covered by the ratio laid down in the aforesaid decisions. Learned counsel for the detenue further submits that it is not possible to hold in the facts of the present case that the activities of the detenue with reference to the criminal case/s had affected even tempo of the society, posing a threat to the very existence of the normal and routine life of the people at large or that on the basis of the criminal case/s, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by the rule of law by disturbing the public order.