NADIMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) The present petition is directed against the order of detention dtd. 16/12/2022 passed by the respondent - detaining authority in exercise of the powers conferred under sec. 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by terming the petitioner - detenue as defined under sec. 2(c) of the Act.

(3.) Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside, since, only on the ground of registration of the offences under the provisions of the Indian Penal Code by itself cannot bring the case of the detenue within the purview of definition under sec. 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out by the detenu cannot have any nexus or bearing on the maintenance of public order and at the most, it can be said to be a breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record, connecting the alleged anti-social activity of the detenue with the breach of public order. Learned advocate for the petitioner further submits that it is not possible to hold on the basis of the material on record as well as on the facts of the present case that the activity of the detenue has affected even tempo of the society, causing threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases, the detenue has put the entire social apparatus in disorder, making it difficult for the whole system to exist as a system, governed by rule of law, by disturbing the public order.