MOHAMMAD FURKAN IBRAHIMBHAI QURESHI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THIS petition is directed against the order of detention dated 15/05/2012 passed by the authority functioning under respondent No.2 i.e. Police Commissioner ­ respondent no.1 herein, 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 is dubbed to be "cruel person" on account of registration of one offence, wherein it is alleged that 2,500/ kilo mutton of Bovine was recovered. The Court is of the considered view that looking to the attendant circumstances and narration in the order of detention at the most, this appears to be a question pertaining to law and order but not certainly the question pertaining to public order. But, the narration indicate the attributes or character, which are sought to be imputed to the applicant/prisoner so as to characterize him as cruel person.