S.G. Shah JUDGMENT
S.G. Shah, J.
1. This petition is directed against the order of detention dated 15.09.2017 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 detenue as a dangerous person as defined under section 2[c] of the Act.
2. 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 that the registration of three offences by itself cannot bring the case of the detenue within the purview of definition of dangerous person under Section 2[c] of the Act. Learned counsel for the detenue 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 detenue with breach of the public order.
3. Learned counsel for the detenue, placing reliance on the decisions reported in the cases of [i] Ranubhai Bhikhabhai Bharwad [Vekaria] v. State of Gujarat reported in MANU/GJ/0936/2000 : 2000[3] GLR 2696, [ii] Ashokbhai Jivraj @ Jivabhai Solanki v. Police Commissioner, Surat reported in MANU/GJ/0444/1999 : 2000[1] GLH 393; and [iii] Mustakmiya Jabbarmiya Shaikh v. M.M. Mehta, reported in MANU/SC/0659/1995 : [1995] 3 SCC 237, submitted that the case on hand is squarely covered by the ratio laid down in the aforesaid decisions. Learned counsel for the detenue further submits that it is not possible to hold in the facts of the present case that the activities of the detenue with reference to the criminal cases had affected even tempo of the society, posing a threat to the very existence of the normal and routine life of the people at large or that on the basis of the criminal cases, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by the rule of law by disturbing the public order.
4. Learned AGP for the respondent State supported the detention order passed by the authority and submitted that the detenue is a dangerous person and sufficient material and evidence was found during the course of investigation, which was also supplied to the detenue, indicating that the detenue is in habit of indulging into activities as defined under Section 2[c] of the Act and considering the facts of the case, the detaining authority has rightly passed the order of detention and the detention order deserves to be upheld by this Court.
5. Having heard the learned counsel for the parties and considering the facts and circumstances of the case, it appears that the subjective satisfaction arrived at by the detaining authority cannot be said to be legal, valid and in accordance with law inasmuch as the offences alleged in the FIRs cannot have any bearing on the public order since the law of the land i.e. Indian Penal Code and other relevant penal laws are sufficient enough to take care of the situation and that the allegations as have been levelled against the detenue cannot be said to be germane for the purpose of bringing the detenue as a dangerous person within the meaning of section 2[c] of the Act and, unless and until the material is there to make out a case that the person concerned has become a threat and a menace to the society so ........