NAJARAHEMAD Vs. COMMISSIONER OF POLICE

JUDGEMENT

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

(2.) The present petition is directed against order of detention dtd. 24/12/2022 passed by the respondent - detaining authority in exercise of powers conferred under sec. 3(2) 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 petitioner submits that on mere registration of the FIR under the provisions of Indian Penal Code would not justify the order of detention nor would fall within the purview of definition under Sec. 2(c) of the Act. It has further been contended that the illegal activity as alleged whether it is likely to be carried out further or such activity has any nexus or any bearing with the maintenance of public order or not, is not considered nor subjective satisfaction is arrived at to that extent. At the best, the alleged activity may be breach of law and as such that circumstance is not enough to resort to such extreme steps of detention. It has further been contended that except general statements of witnesses and mere registration of FIR and Panchnama cannot be the relevant circumstances or sufficient material to connect the petitioner with antisocial activity or has reason to believe that such activity has got effect on the public order. Since such detention precedents are not established, there is hardly any case made out to justify the detention by the Authority. Mere registration of the criminal case would not adversely affect the tempo of the society causing threat to the very existence of normal and routine life of people at large and the contents of the FIR are clearly suggesting that on account of such alleged activity, there appears to be no breach of public order and hence, the order of the detention deserves to be quashed.