PATHU DEVAYAT KATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The District Magistrate, Amreli, passed an order for detention of the petitioner on 19.9.1985 under section 3 of the Prevention of Anti-Social Activities Act, 1985 (hereafter referred to as "the Act"), on being satisfied that the petitioner is a dangerous person, that his activities are prejudicial to the maintenance of public order and that with a view to preventing him from acting in that manner, it is necessary to make an order of detention. The petitioner has challenged that order of detention through jail. By an order passed on 7.1.1986 this Court appointed learned advocate Mr. B C. Dave to appear on behalf of the petitioner and to assist the Court.

(2.) What is urged by Me. Dave is that the incidents on the basis of which the order of detention has been passed are all of 1985; and, therefore, the petitioner cannot be said to be a dangerous person as defined by the Act. We find considerable substance in this contention; and therefore, this petition will have to be allowed on that ground alone.

(3.) The term "dangerous person" is defined by the Act as under: