IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 4401 of 1998 For Approval and Signature: Hon'ble MR.JUSTICE N.N.MATHUR ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the Reporter or not? 3. Whether Their Lordships wish to see the fair copy of the judgement? 4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? 1-5 No -------------------------------------------------------------- MOHAMMEDSHOEB NOORMOHAMMED SHEIKH Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: MR MM TIRMIZI for Petitioner RULE NOT RECD BACK for Respondent No. 1 RULE SERVED for Respondent No. 2, 3 -------------------------------------------------------------- CORAM : MR.JUSTICE N.N.MATHUR Date of decision: 03/09/98 ORAL JUDGEMENT By way of this Special Civil Application the petitioner has challenged the order of detention dated 16.2.1998 passed by the Police Commissioner, Ahmedabad City. It is well settled that in order to bring a person within the expression `dangerous person' as defined in clause (c) of Section 2 of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as `PASA Act of 1985') there should be positive materials to indicate that such person is habitual of committing or attempting to commit or abetting the commission of offences which are punishable under Chapter XVI or XVII of IPC or Chapter V of the Arms Act and that single or isolated act falling under the said Chapters cannot be characterised as a habitual acts as envisaged in Section 2(c) of the PASA Act. Further, besides a person being a dangerous person, his activities should also fall within the ambit of expression `public order'. A distinction has to be drawn between the `law and order' and `maintenance of public order'. A reference may be made of MUSTAK MIYA SHAIKH VS. M.M. MEHTA reported in 1995(2) GLR 1268. I have perused the materials available on record with the assistance of the learned advocate. The statement of the witnesses are of general nature and vague. Considering the material on record, I do not find anything which may indicate that the petitioner is a dangerous person. Thus, in my view, the order of detention is illegal and the same cannot be sustained. In view of the aforesaid, this Special Civil Application is allowed. The order of detention dated 16.2.1998 passed by the Police Commissioner, Ahmedabad City, is quashed and set aside. The detenu shall be released forthwith if not required in any other case. Rule is made absolute accordingly. 00000 [pkn]