SHAMBHUNATH RAJBAHADUR RAMAPATI GAUTAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition, the petitioner seeks to challenge the judgment and order passed by respondent No.2, Dated: 26.07.2020, whereby, he has been detained under the Gujarat Prevention of AntiSocial Activities Act, 1985 ('PASA Act', herein after), on the basis of the two FIRs being 28/20 (Part-A), C.R. No. 856/2020 for offence under Section 379 of the Indian Penal Code, 1860, and C.R. No. 857/20 also for the similar offence of theft. He has been termed as a 'Dangerous Person', as provided under Section 2C of the PASA Act. Respondent No.2, since, could not pass an order under Section 36 of the Gujarat Police Act of externment, and therefore, noticing the activities of the petitioner, he has chosen to invoke the powers under sub-Section(1) of Section 3 of the PASA Act.

(2.) The petitioner is aggrieved on the ground that he is not a threat to the maintenance of the public order and there is absolutely no ground for the draconian law, which is anathema of the democracy. The petitioner has also averred that he cannot be termed as a dangerous person, merely because two FIRs are pending against him. According to him, since, both of them are being well taken care of by the ordinary law of the country, the impugned order deserves to be quashed and set aside.

(3.) He also had made a representation to the PASA Advisory Board on 30.07.2020, seeking revocation of the impugned order. However, the PASA Board has not acceded to his request. He is, therefore, before this Court, seeking following reliefs: