SCA/29214/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 29214 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE MD SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= MOHAMAD SAFI @ KALIO SABBIRBHAI SIPAI - Petitioner(s) Versus THE STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR ARVIND K THAKUR for Petitioner(s) : 1, Mr A A Dave, AGP for Respondent(s) : ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 17/01/2008 ORAL JUDGMENT 1. The petitioner-detenu has preferred this petition under Article 226 of the Constitution of India SCA/29214/2007 2/4 JUDGMENT for appropriate writ, order or direction for quashing and setting aside the order dated 26.4.2007 passed by the Commissioner of Police, Ahmedabad City under the provisions of Gujarat Prevention of Anti Social Activities Act, 1985 (for short, 'PASA Act') whereby the petitioner has been detained as a dangerous person. Heard the learned advocate for the petitioner and the learned AGP for the respondents. 2. From the grounds of detention, it appears that four offences being CR.I-Nos. 183/05, 174/06. 84/06 under section 379 and one offence being CR.I-No. 3057 of 2007 under sections 294, 323 and 506 of the Indian Penal Code, were registered with Shahpur and Vejalpur police stations against the detenu for indulging in committing theft of gold chain, motor cycle and using abusive language in public and threatening the public etc. The detaining authority has placed reliance on the aforesaid registered offences and statements of unnamed witnesses. After recording the subjective satisfaction about the petitioner being a dangerous person and with a view to preventing him from acting in a manner prejudicial to the maintenance of public order, the impugned order was passed by the detaining authority. SCA/29214/2007 3/4 JUDGMENT 3. Except two statements of the anonymous witness, there is no other material on record which shows that the petitioner is acting in such a manner which is dangerous to the public order. There are number of decisions of this court as well as the Hon'ble Apex Court on the point of relying on the statements of unnamed witnesses in detention cases. In the case of Ashokbhai Jivraj @ Jivabhai Solanki v.Police Commissioner, Surat (2001 (1) GLH 393), having considered the decision of the Hon'ble Apex Court in the case of Ram Manohar Lohia v. State of Bihar (AIR 1966 SC 740), this court held that the cases wherein the detention order passed on the basis of the statements of the witnesses falls under the maintenance of “law and order” and not “public order”. 4. Applying the ratio of the above decisions, it is clear that three incidents of thefts of motor cycles, gold chain, and one case of using abusive language in public, and registration of offences under sections 379, 294, 323 and 114 of IPC were stray and unorganised crimes. It is also clear that before passing an order of detention of a detenu, the detaining authority must come to a definite finding that there is threat to the 'public SCA/29214/2007 4/4 JUDGMENT order' and it is very clear that the present case would not fall within the category of threat to a public order. In that view of the matter, when the order of detention has been passed by the detaining authority without having adequate grounds for passing the said order, cannot be sustained and, therefore, it deserves to be quashed and set aside. 5. In the result, this Special Civil Application is allowed. The impugned order of detention dated 26.4.2007 passed by the Commissioner of Police, Ahmedabad City is hereby quashed and set aside. The detenu is ordered to be set at liberty forthwith, if not required in any other case. Rule is made absolute accordingly. Direct service is permitted. [M.D. SHAH, J.] msp