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Court Quashes Preventive Detention Order, Finds No Nexus to Public Order

Background

The case involves Jitesh @ Jitu, who was preventively detained by the Police Commissioner of Rajkot under the Gujarat Prevention of Anti-social Activities Act, 1985 (the "Act"). Jitesh challenged the legality and validity of the detention order.

Arguments

Jitesh 's lawyer argued that the grounds of detention had no nexus to "public order," but were merely a matter of law and order. The lawyer contended that the alleged offenses committed by Jitesh , such as theft, did not affect or were likely to affect the maintenance of public order as contemplated under the Act.

The state counsel, on the other hand, argued that Jitesh was a habitual offender, and his activities had affected society at large. The detaining authority, considering Jitesh 's antecedents and past activities, had passed the detention order to prevent him from acting in a manner prejudicial to the maintenance of public order in Rajkot.

Court's Analysis and Reasoning

The court carefully considered the facts and submissions made by both parties. The court referred to the Supreme Court's decision in Piyush Kantilal Mehta v. Commissioner of Police, Ahmedabad, which established the distinction between "law and order" and "public order."

The court found that the alleged offenses committed by Jitesh , such as theft, did not have any bearing on the maintenance of public order. The court observed that these offenses may have disturbed the law and order situation, but they did not create any feeling of insecurity, panic, or terror among the members of the public, which would affect the maintenance of public order.

Decision

The court held that the material on record was not sufficient to establish that Jitesh 's alleged activities had either affected adversely or were likely to affect adversely the maintenance of public order. Therefore, the court concluded that the detaining authority's subjective satisfaction was not legal, valid, or in accordance with the law.

Accordingly, the court quashed the detention order and directed Jitesh to be set at liberty forthwith, unless he was required in any other case.