- (1.)Heard learned advocates appearing for the respective parties.
(2.)The present petition is directed against order of detention dtd. 21/10/2021 passed by the respondent - detaining authority in exercise of powers conferred under sec. 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under sec. 2(c) of the Act.
(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 the offences under Ss. 307 , 323 , 337 , 143 , 147 , 403 , 427 , 504 , 506(2) and 114 of the Indian Penal Code and Ss. 135 and 135(1) of the Gujarat Police Act by itself cannot bring the case of the detenue within the purview of definition under sec. 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 anti-social activity of the detenue with breach of public order. Learned advocate for the petitioner further submits that it is not 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 submitted that while passing the order of detention, the respondent detaining authority has considered one FIR which is filed in the year 2019. In spite of that, the impugned order of detention has been passed against the petitioner.