NILESH @ DODHIYO BHARATBHAI PARMAR (DEVIPUJAK) Vs. POLICE COMMISSIONER

JUDGEMENT

(1.) Heard learned advocates appearing for the respective parties.

(2.) The present petition is directed against order of detention dated 29.6.2018 passed by the respondent - detaining 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 petitioner - detenue as defined under section 2(c) of the Act. 2. 1 The case of the petitioner is that on account of the complaints which are narrated in the impugned order, the petitioner has been detained vide order dated 29.06.2018. Therefore, considering the averments made in the petition, the Court on 31.07.2018 was pleased to admit the petition and thereafter it has come up for final hearing before this Court wherein learned advocate Mr.Dave has appeared for the petitioner and learned AGP, Mr.Venugopal Patel, has represented 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 on the ground of registration of two offences under Sections 324, 326 , 302 and 504 of the Indian Penal Code as well as under Section 135(1) of the Gujarat Police Act by itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged antisocial activity of the detenue with breach of public order. Learned advocate for the petitioner further submits that it is possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society causing threat to the very existence of normal and routine life of people at large or that on the basis of 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 rule of law by disturbing public order. 3. 1 Learned advocate for the petitioner in support of his case has relied upon decisions of this Court rendered in Special Civil Application No.5686 of 2017 decided on 04.04.2017 and in Special Civil Application No.8608 of 2018 decided on 23.07.2018. No other submissions have been made.