ORAL ORDER

(PER : HONOURABLE MR. JUSTICE S.H.VORA)

1. Notice returnable on 23.12.2022. Learned A.G.P. waives service of notice for the respondents.

2. By way of the present petition under Article 226 of the Constitution of India, the petitioner apprehends execution of detention order under the provisions of Gujarat Prevention of Anti Social Activities Act, 1985 (for short, the PASA Act) on account of registration of the impugned FIR/s mentioned in petition para 5, wherein, it appears that the petitioner is not found at the scene of offence.

3. According to the petitioner, except registration of the FIR/s, no other material is available with the competent authority to detain the petitioner under the provisions of the PASA Act and alleged activities at the most would fall under the maintanence of law and order and made request to call for detention order for Court’s perusal.

4. It appears that the subjective satisfaction, if any, 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 since the laws of the land are sufficient enough to take care of the situ