IRFAN IBRAHIMBHAI VEPARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This petition is directed against the order of detention dated 3.11.2015 passed by respondent No.2, 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 detenu as a "dangerous person" as defined under section 2(c) of the Act.

(3.) Learned advocate for the detenu submits that the order of detention impugned in this petition deserves to be quashed and set aside and the ground that the registration of two offences by itself cannot bring the case of the detenu within the purview of definition of "dangerous person" under Section 2(c) of the Act. Learned counsel for the detenu 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 detenu with breach of the public order.