CHAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned A.G.P. waives service of Rule for the respondent - Jail Authority. Heard learned advocates appearing for the respective parties.

(2.) The present petition is directed against order of detention dated 30.11.2019 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.

(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 offences under Sections 324, 294(B), 506(2) etc. of the Indian Penal Code and Section 135(1) of the GP 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.