Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Gujarat Prevention of Anti-Social Activities Act 1985: Section 2(C) and 3(1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Gujarat Prevention of Anti-Social Activities Act, 1985:Section 2(C)-'Dangerous Person'-Detention order against-Material must suggest that detenu was committing specified offences habitually.Section 3(1)--Detention order based on:stray and casual criminal activities of detenu directed against individuals having no adverse impact on public order-Offence not specified in part XVI or XVII of /PC-Mere possession of unlicensed fire arms- Order held invalid-Taking into account of a stale criminal activity held not justified-Held alleged activities must relate to 'Public Order'-'Public Order' and 'Law and Order'-Distinction between.Words and Phrases: 'Habitually'-Meaning of-Section 2(C) of the Gujarat Prevention of Anti-Social Activities, 1985. With a view to preventing the detenu-petitioner from acting in a manner prejudicial to the maintenance of public order, a detention order under Section 3(1) of the Gujarat Prevention of Anti-Social Activities, 1985 was passed relying on: First, charge under sections 307, 452/34 IPC, 25A(1) Arms Act and Section 135(1) of Bombay Police Act based on an incident in which pursuant to an altercation between the petitioner and the younger brother of the complainant, the petitioner alongwith some of his associate dragged out the complainant from inside a hair cutting saloon while his associates fired four shots injuring the complainant and another person; Second, charge under sections 212 and 214 IPC for harbouring an absconding offender; Third, he purchased goods worth Rs. 500 and on demand of price thereof he dragged and beat the businessman on public road; Fourth, he beat a witness doubting that he was informer of police and also pointed revolver towards persons who gathered there; and Fifth; charge under section 25(1) of the Arms Act for possessing an unlicensed revolver. On the basis of these cases the detaining authority came to the conclusion that the petitioner was a dangerous person within the definition of section 2(C) of the Act and is habitually engaged in committing and attempting to commit violent activities and creating atmosphere of fear.The petitioner filed a writ petition in this Court challenging the validity of order contending that (i) there was no material to indicate that he was a dangerous person within the meaning of section 2(C); and (ii) the incidents alleged being stray and individual, have no connection with public order though they may relate to law and order. |
Judge | Hon'ble Mr. Justice Faizanuddin |
Neutral Citation | 1995 INSC 207 |
Petitioner | Sh. Mustakmiya Jabbarmiya Shaikh |
Respondent | Sh. M.m. Mehta, Commissioner Of Police And Ors. |
SCR | [1995] 2 S.C.R. 960 |
Judgement Date | 1995-03-23 |
Case Number | 335 |
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