MAHESHBHAI GIRDHARBHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Perused the petition, materials supplied to the detenu, detention order and heard learned advocate Ms.Mita Panchal for the petitioner and learned A.G.P. Mr.Jayswal for the respondent­State.

(2.) This petition under Article 226 of the Constitution of India is directed against the order of detention dated 15.1.2016 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 detenue as a "dangerous person" as defined under Section 2(c) of the Act.

(3.) Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside and the ground that three offences registered against the detenu before the concerned police stations by itself cannot bring the case of the detenue within the purview of definition "dangerous person" under Section 2(c) of the Act. Learned advocate for the detenue further submits that illegal activity carried out as alleged cannot have any nexus or bearing with maintenance of public order and at the most it can be said to be breach of law and order. Further, except registration of FIR/s, no other relevant or cogent material is available on record connecting the alleged anti­social activities of the detenue with breach of the public order. Learned advocate for the petitioner further submitted that the last FIR has been registered against the petitioner on 18.6.2015 and the order of detention has been passed on 15.1.2016. Thus, there is a delay in passing the order of detention.