KIRAN VISHAJI RAVAL Vs. POLICE COMMISSIONER

JUDGEMENT

(1.) This petition is directed against the order of detention dated 25.10.2017 passed by the respondent no.1 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.) Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground that the registration of two offences by itself cannot bring the case of the detenue within the purview of definition of dangerous person under Section 2[c] of the Act. Learned counsel for the detenue further submits that the illegal activity carried out as alleged, cannot have any nexus or bearing with the maintenance of the public order and at the most it can be said to be breach of law and order. Further, except statements of witnesses and 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.

(3.) Learned counsel for the detenue, placing reliance on the Ranubhai decisions reported in the cases of [i] Bhikhabhai Bharwad [Vekaria] v. State of Gujarat reported in 2000[3] GLR 2696, [ii] Ashokbhai Jivraj @ Jivabhai Solanki v. Police Commissioner, Surat reported in 2000[1] GLH 393; and [iii] Mustakmiya Jabbarmiya Shaikh v. M.M. Mehta, reported in [1995] 3 SCC 237, submitted that the case on hand is squarely covered by the ratio laid down in the aforesaid decisions. Learned counsel for the detenue further submits that it is not possible to hold in the facts of the present case that the activities of the detenue with reference to the criminal cases had affected even tempo of the society, posing a threat to the very existence of the normal and routine life of the people at large or that on the basis of the criminal cases, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by the rule of law by disturbing the public order.