Gujarat High Court: In a recent judgment, a Single Judge Bench of S.H. Vora, J. passed an order setting aside the detention order passed by the State Government in exercise of powers conferred under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985.

The petitioner contended that except statement of witnesses, registration of above FIR/s and panchnama drawn in investigation, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenue with breach of public order. The respondent contented that sufficient material was found during the investigation.

The Court noted that inasmuch as the offences alleged in the FIR/s cannot have any harm on the public order as required under the Act. Also, in order to establish a case under the provision there has to be any material making that the person has become a threat and menace to the Society so as to disturb the whole tempo of the society and that all social apparatus is in peril disturbing public order.

Drawing the distinction between ‘law and order’ and ‘public order’ as laid down in the case of Pushkar Mukherjee v. State of West Bengal,  (1969) 1 SCC 10 and finding no material on record to establish that the detenue was disturbing the public order the Court set aside the order of detention. [Keyur alias Kanji Bhaskarbhai Desai v. State of Gujarat, Special Civil Application No. 8140 of 2017, decided on 05/07/2017]

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