RUTURAJBHAI LALJIBHAI AAL Vs. COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

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

(2.) The present petition is directed against the order of detention dtd. 14/12/2022 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- detenue as defined under sec. 2(c) of the Act.

(3.) Learned advocate for the detenue submitted that the impugned order of detention of the detenue requires to be quashed and set aside because the detaining authority has passed order of detention solely on the ground of registration of two FIRs, first for the offences under Ss. 447 and 114 of the Indian Penal Code and Ss. 4(1), (2), (3), 5(G), CH of the Land Grabbing (Prohibition) Act, 2020 and another for the offences under Sec. 385, 452, 506(2) and 114 of the Indian Penal Code respectively by itself cannot bring the case of the detenue within the purview of definition under sec. 2(c) 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 detenue would not fall under the category of breach of public order.