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2024 Supreme(Online)(GUJ) 11271
HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE ILESH J. VORA, HONOURABLE MR. JUSTICE VIMAL K. VYAS, JJ
SALMAN @MUFTI MOHAMMAD SALMAN AZHARI S/O MOHAMMAD HASAN RAZVI – Appellant
Versus
STATE OF GUJARAT – Respondent
R/SPECIAL CIVIL APPLICATION NO. 3971 of 2024
MR IA SYED, SR. ADVOCATE WITH MR AFTABHUSEN ANSARI for the Petitioner(s) No. 1 MR MITESH AMIN, AAG WITH MS. SS PATHAK, AGP for the Respondent No. 1
The court upheld the detention order under the PASA Act, affirming that the petitioner's inflammatory speeches posed a threat to public order, justifying preventive detention.
Headnote:(A) The Gujarat Prevention of Anti Social Activities Act, 1985 - Sections 2(c), 3(1), 3(4), 9, and 11 - Detention order challenged under Article 226 of the Constitution - The petitioner was detained for activities deemed prejudicial to public order, including inflammatory speeches and inciting communal disharmony - The court found sufficient grounds for detention based on the potential impact of the petitioner's actions on public order. (Paras 1, 9, 28, 29)
(B) Preventive Detention - The distinction between law and order and public order is critical; actions affecting public order warrant preventive detention - The court emphasized the need for subjective satisfaction of the detaining authority based on the nature and potential impact of the activities. (Paras 18, 24, 30)
Facts of the case:
The petitioner challenged a detention order citing inflammatory speeches that allegedly incited communal disharmony and disrupted public order, supported by two FIRs. (Paras 1, 2.1)
Findings of Court:
The court upheld the detention order, finding sufficient evidence of the petitioner's activities being prejudicial to public order. (Paras 29, 33)
Issues: Whether the detention order was sustainable in law and whether the grounds for detention were valid. (Paras 9, 31)
Ratio Decidendi: The court ruled that the activities of the petitioner had the potential to disturb public order, justifying the detention under the PASA Act. (Paras 28, 30)
Result: Application dismissed.
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. This petition has been filed under Article 226 of the Constitution of India, by the petitioner Salman @ Mufti Mohammad Salman Azhari Mohammad Hasan Razvi – detenue, challenging the validity of the order of detention dated 16.02.2024 made by the detaining authority in exercise of powers conferred upon him under sub-section 1 of Section 3 of The Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as “PASA Act”).
2. Facts and circumstances giving rise to file the present petition are thus:
2.1 The petitioner herein has challenged the validity of the order of detention dated 16.02.2024 made by the detaining authority namely District Magistrate, District: Junagadh. The OfÏce of District Magistrate, Junagadh had received a proposal from the Crime Branch, Junagadh. The detaining authority had considered two FIRs registered against the petitioner and material placed in connection with the said offences and came to subjective satisfaction that the activity of the petitioner was prejudicial to the maintenance of public order. The order impugned executed on 22.02.2024 and was detained in Vadodara Central Jail. He was furnished with the copies of grounds of detention and all other materials inclusive of the statements of the witnesses on the basis of which the subjective satisfaction for passing the detention order has been reached by the authority.
2.2 The grounds of detention, as communicated to the detenue by the District Magistrate, Junagadh are as follows:
(i) That you are currently living in Vikroli, Mumbai and your original native place is Village:
Shigav, District: Haveri, Karnataka;
(ii) That you are holding religious meetings in different cities of India and used to give inflammatory speeches with implicit intention of shaking communal unity. Also you are trying to endanger public order by holding religious meeting in different cities of Gujarat State and under the guise of de-addiction program, gave provocative/inflammatory speeches, that causes disrupt public peace and social harmony;
(iii) That the above anti-social activities are continued for long time and you are in the habit of committing offences punishable under Chapter-8, 17 and 22 of the Indian Penal Code. That due to your inflammatory speeches incite people which causes indirect threat to people of other communities and same creates animosity and/or enmity between the community in general which may endanger public safety and public order.
(iv) In the aforesaid reasons, it seems necessary to prevent you with immediate effect in the interest of maintaining public order and/or social harmony which warranting your detention. The authority while arriving at a subjective satisfaction, has taken into account the following two offences:
| Sr. No. | Police Station | C.R. No. | Sections |
| 1 | “B” Division Police Station, District: Junagadh | 11203024240070 dated 02.02.2024 | IPC – Section 153(b), 505(2), 188, 114, 447, 465, 471 |
| 2 | Samakhiyari Police Station, District: Kachchh East-Gandhidham | 11993001240032 dated 06.02.2024 | IPC – 153(b), 505(2), 114, 295(a), 505(1)(c) |
In the aforesaid two offences, so far as offence registered with Junagadh is concerned, the arrest was made on 04.02.2024 and later on i.e. on 07.02.2024, the Court concerned granted bail. So far as offence registered with Samakhiyari Police Station is concerned, the arrest was made on 08.02.2024 and thereafter, on 11.02.2024, the application for bail was allowed. In such circumstances, your activities being believed and treated as “Dangerous Person” as defined under Section-2(c) of the PASA Act and it is evident that, you are habitual in committing such kind of offences.
(v) That upon consideration of the details of the offences registered against you, you have undertaken such activities to incite religious sentiments in various Districts of Gujarat State. That, considering the today’s digital age, the inflammatory discourses made at various meetings are accessible
