TITLE: Virendrasinh Versus State of Gujarat
Decided On-: August 19, 2023
13347 of 2023
CORAM: Hon’ble Justice Mr. A.S Supehia & Mr. M.R Mengdey
INTRODUCTION-
The current petition is intended to challenge a detention order issued on July 11, 2023 by the respondent, the detaining authority, in the course of exercising its authority under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 by holding the petitioner, who is a detenue as defined by Section 2(b) of the Act.
FACTS OF THE CASE
The detenue claims that the order of detention in question should be quashed and overturned on the grounds that the filing of three First Information Reports (FIRs) for violations of Sections 65(a)(e), 116(b), 81, 83, and 98(2) of the Prohibition Act is insufficient to bring the detenue’s case within the meaning of Section 2(b) of the Act. A knowledgeable attorney for the petitioner further argued that any illegal activity that is likely to be committed or is alleged to have been committed 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. A knowledgeable attorney for the petitioner further argued that any illegal activity that is likely to be committed or is alleged to have been committed 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. Additionally, other than witness statements and the filing of the aforementioned FIRs, there is no other substantial information on file that links the alleged anti-social behaviour of the detainee and does not qualify as a violation of public order. The eminent attorney further argued that it was impossible to conclude from the facts of the case that the detenu’s involvement in the criminal cases had disrupted the social fabric of society, eventually posing a threat to the very existence of people’s normal and routine lives, or that by registering the criminal cases, the detenu had placed the entire community at risk.
COURT ANALYSIS AND DECISION
AGP for the respondent was learned Considering the circumstances of the case, the detaining authority properly issued the order of detention, and the detention order deserves to be upheld by this Co. 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.
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 handle the situation. This is based on hearing learned advocates for the parties and taking into account the documents and material available on record of the case.
It cannot be said that the detainee is a person who would fall within the meaning of section 2(b) of the Act if that person has become a threat and a menace to the society to the point where they are upsetting the entire rhythm of society and putting all social apparatus in danger by disrupting public order. There is nothing in the record, aside from general statements, that indicates the detainee is acting in a way that could endanger the peace of the community.
As a result, the current petition has been approved, and the respondent’s detaining authority’s challenged detention order is revoked and overturned.
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Written by- Steffi Desousa
