The standard of negatively affecting the “maintenance of public order” cannot be met by merely suspecting a violation of law and order. Gujarat High Court
TITLE: Dharmesh Versus State of Gujarat
Decided On-: August 19, 2023
12965 of 2023
CORAM: Hon’ble Justice Mr. A.S Supehia & Mr. M.R Mengdey
INTRODUCTION-
The current petition is intended to challenge the detention order issued by the respondent – the detaining authority – while acting within the scope of the Gujarat Prevention of Anti-Social Activities Act, 1985, section 3(1), by holding the petitioner-detenu, as that term is defined in section 2(c) of the Act.
FACTS OF THE CASE
According to the detenue, the filing of three FIRs for violations of Sections 65(E), 116(b), 98(2), and 81 of the Gujarat Prohibition Act, Sections 65(E), 116(b), and 81 of the Gujarat Prohibition Act, and Sections 65(E), 116(b), and Sections 65(A)(A) and 116(2) of the Gujarat Prohibition Act by themselves cannot bring the case within the ambit of the Unlawful activity that is 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 same time, learned advocate for the petitioner further argued that had any alleged illegal activity cannot be connected to or have anything to do with maintaining public order; at most, it can be considered a violation of law and order
COURT ANALYSIS AND DECISION
The respondent Considering the circumstances of the case, the detaining authority properly issued the order of detention, and the detention order deserves to be upheld. The State supported the detention order passed by the authority and argued that sufficient information and evidence discovered during the course of the investigation, which was also supplied to the detenu, indicate that the detenu is in the habit of engaging in the activity as defined under Section 2(b) of the Act. Primarily, it is determined that the subjective satisfaction reached by the detaining authority cannot be said to be legal, valid, and in accordance with law, inasmuch as the offences alleged in the FIR/s cannot have any bearing on the public order as required under the Act and other relevant penal laws are sufficient enough to take care of situation. PASA detention orders are frequently issued, relying on outdated information and failing to distinguish between “law and order” and “public order” issues as specified in the PASA Act.
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Written by- Steffi Desousa