PRAVINBHAI CHANDUBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this petition, the petitioner has challenged detention order dated 5th December, 2006 passed by the Commissioner of Police, Surat City in exercise of powers under Section 3(1) of the Gujarat Prevention of Anti -Social Activities Act, 1985 (hereinafter referred to as "PASA").

(2.) THE detaining authority was of the opinion that the activities of the petitioner are prejudicial to public order and that his detention is, therefore, necessary to prevent such breach. To come to such conclusion the detaining authority took into account two alleged incidents wherein, the petitioner was involved in commission of offence punishable under Sections 454, 380 read with Section 114 of the Indian Penal Code. In addition to the initiation of the said criminal cases, detaining authority also took into consideration certain statements recorded by the investigating agency. Learned AGP Shri Kogje from the material on record pointed out that on 25.11.2006 as well as on 14.12.2006 the petitioner accompanied with other persons had assaulted and threatened some people. He, therefore, submitted that in addition to being an habitual offender, the petitioner is also a person who by his acts terrorizes the entire locality. On these grounds, the detention order was sought to be sustained.

(3.) LEARNED advocate Shri Pandya for the petitioner submitted that on the strength of two isolated criminal cases which are still pending, detention of the petitioner could not have been ordered. He submitted that at the best the activities of the petitioner may be a question of law and order, the same cannot be treated as a question of problem of public order. Reliance in this regard was placed on the decisions of the Apex Court as well as this Court to which reference will be made later.