ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

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

“B) YOUR LORDSHIP may be pleased to quash and set aside the order of detention PCB/DTN/PASA/494/2023, dated 13.09.23, at Ann.A passed by Respondent No.2- Detaining Authority under provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985.”

2. Essentially, the challenge is to the order of detention dated 13.09.2023, by which the petitioner has been detained as a “dangerous person” based on four offences registered against him.

3. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of the offences under 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,