AKSHAY RAJESHBHAI TRIBHOVANDAS NIMAVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocates appearing for the respective parties.

(2.) The present petition is directed against order of detention dtd. 6/4/2023 passed by the respondent - detaining authority in exercise of powers conferred under Sec. 3 (1) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenu as defined under Sec. 2(ha) of the Act.

(3.) Learned advocate for the detenu submitted that the impugned order of detention of the detenu requires to be quashed and set aside because the detaining authority has passed order of detention solely on the ground of registration of the solitary offence under Ss. 363 , 366 , 328 , 376(3) , 354(A)(1)(i)(ii) , 377 , 384 , 506(1) and 114 of the Indian Penal Code and Ss. 4 , 6 , 8 , 17 and 18 of the Prevention of Children from Sexual Offences Act, (POCSO Act) and Sec. 67 and 67(B) of the I.T. Act, by itself cannot bring the case of the detenu within the purview of definition under Sec. 2 (ha) of the Act. Learned advocate for the petitioner further submitted that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenu would not fall under the category of breach of public order. Learned advocate further submitted that it is not possible to hold, on the basis of the facts of the present case, that activity of the detenu with respect to the criminal cases had affected and disturbed the social fabric of society, eventually which would become threat to the very existence of normal and routine life of people at large or that on the basis of registration of criminal cases, the detenu had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by rule of law by disturbing public order.