AIYUBHUSSAIN AARIFHUSSAIN KURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for following relief:-

(2.) The challenge is to the order of detention dtd. 22/9/2023 by the detaining authority namely Commissioner of Police, City Ahmedabad, by which the petitioner has been detained as a "dangerous person" based on two offences registered against him.

(3.) Learned advocate for the petitioner has challenged the order of detention on the ground that the incidents which are referred to in the FIR are arising out of the private dispute and has no bearing on public order. Learned advocate has also argued that though the petitioner was enlarged on regular bail by the Court of appropriate jurisdiction, the detaining authority has not resorted to the lesser drastic remedy and therefore, the order of detention is against the ratio of the Apex Court in case of Shaik Nazeen v/s. State of Telanga and Ors., reported in 2023 (9) SCC 633. It also argued that from the record that the order of detention is passed the very next day when the petitioner was enlarged on regular bail and therefore, the subjective satisfaction appears to have been arrived at in a mechanical manner.