Guj HC | Simple registration of FIR not sufficient to establish breach of maintenance of public order

Gujarat High Court: A Bench of S.H. Vora, J. allowed the special leave petition and quashed the impugned order of detention by the respondent.

In the present case the petitioner was detained by the respondent under the Gujarat Prevention of Anti Social Activities Act, 1985 as a ‘bootlegger’ as defined under Section 2(b) of the said Act. It was contended that the alleged activity could be a breach of law and order but cannot be breach of maintenance of public order.

The Court held that the offences alleged in the FIRs are dealt under relevant penal laws but do not fall within the ambit of the Act mentioned. Further, it referred to Pushker Mukherjee v. State of W.B., (1969) 1 SCC 10 to distinguish between ‘law and order’ and ‘public order’. And since except general statements there was no relevant and cogent material on record to show that all social apparatus was in peril disturbing public order at the instance of such person, it does not fall within the definition under Section 2(b) of the Act. [Vijaypal Sudarshanpal Pal v. State, 2019 SCC OnLine Guj 159, Order dated 29-01-2019]

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