Gujarat High Court Case Information System Print SCA/5958/2011 4/ 4 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5958 of 2011 [ENTITY] W/O TAJMOHAMMAD @ SAJAN KAMANKHAN PATHAN THROUGH - Petitioner(s) Versus [ENTITY] THROUGH SECRETARY (SPECIAL) & 2 - Respondent(s) Appearance : MS [ENTITY] for Petitioner(s) : 1, MRS. [ENTITY], ASST. GOVERNMENT PLEADER for Respondent(s) : 1, 3, RULE SERVED BY DS for Respondent(s) : 1 - 2. CORAM : HONOURABLE MR.JUSTICE [ENTITY] Date : 02/08/2011 ORAL ORDER
This petition is directed against the order of detention dated 18.04.2011 passed by respondent No.2, in exercise of powers conferred under [SECTION]) of the [ACT] (in short "the Act") by detaining the detenue as a "bootlegger" as defined under [SECTION] of the Act.
Learned Advocate for the detenue submits that registration of FIR's itself cannot lead to disturbance of even tempo of public life and therefore the public order. She further submits that, except FIR's registered under the [ACT], there was no other material before the detaining authority whereby it could be inferred reasonably that the detenue is a 'bootlegger' within the meaning of [SECTION] of the Act and required to be detained as the detenue's activities are prejudicial to the maintenance of public health and public order. In support of the above submission, learned Counsel for the detenue has placed reliance on judgment of the Apex Court in the case of [PRECEDENT] and the recent judgment dated 28.03.2011 passed by the Division Bench of this Court (Coram : [ENTITY] C.J. and [ENTITY], J.) in [CASE NUMBER] in [PRECEDENT]) which would squarely help the detenue.
Learned Assistant Government Pleader submitted that registration of FIR's would go to show that the detenue had, in fact, indulged into such activities, which can be said to be disturbing the public health and public order and in view of sufficient material before the detaining authority to pass the order of detention, no interference is called for by this Court in exercise of its power under [SECTION] of the [ACT].
Having heard the rival submissions of the parties and perused the record of the case, I am of the view that FIR's registered under the [ACT] alone cannot be said to be sufficient enough to arrive at subjective satisfaction to the effect that the activities, as alleged, are prejudicial to the public order or lead to disturbance of public order. There has to be nexus and link for such activities with disturbance of the public order. On careful perusal of the material available on record and the ratio laid down by the Apex Court in the case of [PRECEDENT] (supra) and the recent judgment dated 28.03.2011 passed by the Division Bench of this Court (Coram : [ENTITY] C.J. and [ENTITY], J.) in [CASE NUMBER] in [PRECEDENT]), I am of the view that the activities of the detenue cannot be said to be in any manner prejudicial to the public order and therefore, the order of detention passed by the detaining authority cannot be sustained and is required to be quashed and set aside.
In the result, the petition is allowed. The order of detention dated 18.04.2011 is quashed and set aside, if not revoked. The detenue, is ordered to be set at liberty forthwith, if not required in connection with any other case. Rule is made absolute, accordingly. Direct Service is permitted.
([ENTITY], J.) Caroline