[PASA Act] Not Wearing Mask And Entering Into Altercation With The Police Personnel Not A Sufficient Ground To Detain Petitioner As A 'Dangerous Person': Gujarat HC [Read Order]

The Gujarat High Court on Friday set aside an order of detention passed under the 'Gujarat Prevention of Anti-Social Activities Act, 1985', holding that just because the petitioner was not wearing the mask and when stopped by the police personnel, got furious and entered into an altercation with the police personnel, cannot bring the case of the detenue within the purview of the definition under section 2 of the Act of 1985. The background The present petition before the Court was directed against the order of detention dated 11.5.2020 passed by the respondent No.1 - detaining authority in the exercise of powers conferred under section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 by detaining the petitioner – detenue as defined under section 2 of the Act of 1985. Court's observation The Court opined that filing of an FIR alone may not be enough to bring the case under the purview of the Act, and observed, "Unless and until, the material is there to make out a case that the person has become a threat and menace to the Society so as to disturb the whole tempo of the society and that all social apparatus is in peril disturbing public order at the instance of such person, it cannot be said that the detenue is a person within the meaning of section 2 of the Act," Except general statements, the court didn't find any material on record which could show that the detenue was acting in such a manner, which was dangerous to the public order. In the result, the present petition was allowed and the impugned order of detention No.MJC-3/PAKE/17/2020 dated 11.5.2020 passed by the respondent No.1 - detaining authority was thereby quashed and set aside.