IMPORTANT POINT
The contravention of any law must affect the community or the public at large to be considered a breach of public order, and the detaining authority must promptly consider alternatives such as cancelling bail before resorting to preventive detention.

JUDGMENT :

A.Y. KOGJE, J.

1. This petition under Article 226 of the Constitution of India is filed for following relief:-

“(A) Quash and set aside the detention order bearing No.PCB/DTN/PASA/55/2023 dated 22.11.2023 and further be pleased to release the detenue forthwith, Annexure-A.”

(B) & (C) xxx”

2. Thus, essentially, the challenge is to the order of detention dated 22.11.2023 passed by the Police Commissioner, Rajkot, by which the petitioner has been detained as a “dangerous person” based on four offences registered against him, details of which are as under:-

3. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside as registration of the offences under Sections of the Indian Penal Code by itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenue with breach of public order. Learned advocate for the petitioner further submits that it is not possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society.

3.1 It is submitted that the offences are pertaining to theft of muddamal articles of private individuals and will therefore not amounting to breach of public order as no where in the grounds of detention, it is coming out that the sporadic act of the petitioner has caused disturbance to public order. In any case, option was always available to the detaining authority to resort to cancellation of bail of the petitioner.

4. As against this, learned AGP submitted that the detaining authority had sufficient material on the record to pass the order of detention, particularly reference to the same is made by the detaining authority in the very order of detention where the detaining authority has referred to the fact that it was the petitioner who had himself confessed to commission offences. Not only that, there are other supporting evidences also which the detaining authority has taken into consideration like drawing of panchnama, etc.. The FIRs registered against the petitioner are under Chapter-16 and 17 of IPC, thereby attracting the ingredients of “dangerous person”.

5. Having heard learned advocates for the parties and considering the facts and circumstances of the case, it appears that the subjective satisfaction arrived at by the detaining authority cannot be said to be legal, valid and in accordance with law, inasmuch as the offences alleged in the FIR/s cannot have any bearing on the public order as required under the Act and other relevant penal laws are sufficient enough to take care of the situation and that the allegations as have been levelled against the detenue cannot be said to be germane for the purpose of bringing the detenue within the meaning of section 2(c) of the Act. Unless and until, the material is there to make out a case that the person has become