RISHABH BABULAL LUGARIYA (MARVADI) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP, Mr.Rashesh Rindani, waives service of notice of rule on behalf of respondents.

(2.) By way of the present petition under Article 226 of the Constitution of India, the petitioner challenges the order of detention passed under Sub Section (2) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (herein after referred to as, 'PASA') against him on 4.12.2018 by branding him as dangerous person as defined under Section 2(c) of the Act by the respondent No.2 herein, which was executed on him on the very same day and he has been committed to the Surat jail by the committal order of even date.

(3.) Learned advocate for the petitioner - detenue submits that though plurality of offences committed by a person he may be termed as habitually committs such offences but mere registration of the offences against him, may not be termed as he is acting in any manner prejudicial to the maintenance of public order. He has further submitted that the illegal activities alleged against the petitioner - detenue 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 statements recorded during the course of investigation, copies of FIR and panchnama drawn during the course of investigation, no other relevant and cogent material is on record connecting alleged activity of the petitioner-detenue with the breach of public order. Learned advocate for the petitioner - detenue further submits that it is not possible to hold on the basis of the facts of the present cases filed against him, that the activity of the petitioner-detenue with respect to the criminal cases filed against him, has affected even tempo of life of the community or the public at large. Causing even threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases filed against the petitioner- detenue had put the entire society in disorder, making it difficult for whole system to exist as a system governed by rule of law by disturbing the public order.