ANAND NARHARI SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is directed against the order of detention dated 11.01.2016 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.

(2.) Perused the petition, materials supplied to the detenu, detention order and heard learned advocate Mr.B.J.Priyadarshi for the petitioner and learned A.G.P. Mr.Dhawan Jayswal for the respondent -State.

(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 four offences registered against the detenu before the Vastrapur Police Station vide I -C.R.No.138 of 2015, I -C.R.No.182 of 2015, I - C.R.No.206 of 2015 and I -C.R.No.223 of 2015 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 FIRs, no other relevant or cogent material is available on record connecting the alleged anti -social activities of the detenue with breach of the public order. Learned advocate for the petitioner has placed reliance upon the decision rendered by this Court in the case of Salimkhan @ Chhote Jabbar Hanifkhan Pathan v. State of Gujarat and Others, reported in 2000(2) G.L.H. 184 and submitted that once earlier order of detention is set aside by this Court, same could not have been referred to by detaining authority while passing subsequent order of detention and the same is an irrelevant ground.