AKHTER HUSEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PERUSED the petition, materials supplied to the detenu, affidavit -in -reply, etc. and heard learned advocate Mr. Ansari for the petitioner and learned A.G.P. Mr. Bhatt for the respondent -State.

(2.) THIS petition under Article 226 of the Constitution of India is directed against the proposed order of detention, if any, passed by the respondent authority in exercise of powers conferred under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short the Act) by detaining the detenu as a "cruel person" as defined under Section 2(bbb) of the Act. The grounds for proposing to detain the petitioner are that two offences were registered against the petitioner under the provisions of Sections 5, 7, 8 and 10 of the Bombay Animal Preservation Act, 1954 and Section 11[d], [e] and [h] of the Prevention of Cruelty to Animal Act. He is, therefore, a "cruel person" as defined under Section 2(bbb) of the PASA Act. Learned advocate appearing for the petitioner has submitted that, except the aforesaid offences, there is no material with the detaining authority to detain the petitioner under the provisions of the PASA Act. It is submitted that the order is vitiated because only on the basis of two offences registered against the petitioner, and in absence of any other material to show involvement of the petitioner in similar activities, the detaining authority has recorded a subjective satisfaction that the petitioner is a cruel person. The definition of cruel person requires habitual involvement and, therefore, the subjective satisfaction and the consequential order are vitiated.

(3.) HAVING regard to the contentions raised on behalf of the petitioner, it would be necessary to refer to the definition of "cruel person" as given in Section 2(bbb) of the Gujarat Prevention of Antisocial Activities Act, 1985, which runs as under: -