RAHIMKHAN BISMILLAKHAN PATHAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THIS petition is directed against the order of detention dated 10/04/2012 passed by authority functioning under respondent No.2 i.e. Police Commissioner in exercise of powers conferred under Section 3(1) of the Gujarat Prevention of Anti Social Activities Act, 1985 (in short 'the Act') by detaining the detenue as a "cruel person" as defined under Section 2(bbb) of the Act.

(2.) LEARNED advocate for the detenue submits that the registered case under the Prevention of Cruelty to Animals Act, 1960 would not indicate anything to support disturbance to public order nor have the activities of the detenue affected adversely the maintenance of public order and, therefore, the order of detention passed by the detaining authority cannot be sustained in law and is required to be quashed and set aside.

(3.) THE petitioner detenue is detained on account of the registration of offence under the provision of PASA Act. Learned counsel for the petitioner has contended that the registration of offence is the sole offence against the petitioner and the petitioner is in fact released on bail on 19/01/2012. The order of detention is executed on 10/04/2012. The incident and the proximity or lack of proximity would militate against the justification for detaining the petitioner.