GAJENDRASINH Vs. STATE OF GUJARAT AND ORS.

JUDGEMENT

(1.) By filing present petition, the petitioner, uncle of detenue, under Article 226 of the Constitution of India, has prayed to quash and set aside the order of detention dated 8.4.2015 passed by the respondent No.3 in exercise of power under subsection (1) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "PASA Act"). The detenue is branded as "dangerous person".

(2.) The detenue has been arrested on 8.4.2015 and the grounds of detention have been served upon him on the very same day. The detenue has been detained on the ground that he is a dangerous person inasmuch as he was involved in an offence punishable under Sections 323, 504, 506(2), 507, 327, 141, 143 and 147 of the Indian Penal Code which is registered as CR No.I11 of 2015. The said offence is alleged to have taken place on 7.2.2015. It appears that against the detenue, two NC complaints being Complaint No.3 of 2014 and Complaint No.49 of 2014 for noncognizable offence and five anonymous statements were made. The detenue is in Central Jail Lajpor.

(3.) Heard Mr.Anand Yagnik, learned Advocate for the petitioner. He has contended that present order of detention is a punishment for being involved in 03 litigations stated in the present petition in direct or indirect manner. The order is passed only to teach a lesson. He has contended that the detenue is not a threat to the public order but the corporate house in question. The detenue is not a dangerous person. The detenue is a social activist who fights for the rights of his village people and confront those who jeopardize the constitutional and statutory rights of the villagers. He has contended that the detenue has been made history sheeter deliberately and out of predetermined designe. He has contended that the impugned order of detention is suffering from malafide in law and on facts. The order of detention is in colourable exercise of powers.