The Gujarat High Court on Wednesday quashed the detention order against an accused who was booked under (Prevention of Anti Social Activity) PASA Act for an offence under the provisions of Gujarat Animal Preservation Act 1954 and the Prevention of Cruelty to Animals Act – 1960.
The Gujarat High Court while quashing the PASA detention order observed that the detaining authority fell in error in treating the activities of the petitioner as prejudicial to the maintenance of the public order.
The distinction between ‘the law and order’ as ‘the public order’ needs to be kept in mind, given the decision of the Supreme Court.
Advocate Utkarsh J Dave appearing for the accused Yasin Jalali submitted before the high court that mere filing of three FIRs against the petitioner itself is no ground for the detaining authority, to conclude that the activities of the petitioner are prejudicial to the maintenance of the public order.
Why PASA was imposed?
The applicant was booked under PASA without application of mind by the concerned authorities. The petitioner has been branded as a cruel person under Section 2(bbb) of the Gujarat Prevention of Anti-Social Activities Act, 1985 based on the offences in the three FIRs.
The authorities have relied upon one FIR of 2017 which has become stale and has nothing to do with the detention order passed by authorities under PASA, the advocate argued. Such detention order violates the fundamental and statutory right of the petitioner, the counsel argued.
There is no material to make out a case that the petitioner has become a threat and menace to the society to disturb the whole tempo of the society and that all social apparatus is in peril disturbing public order.
A complaint was filed against the accused Yasin Jalali and two others after they were found present at the spot where two calves had been kept in a Scorpio car. Nine other animals including cows were tied near it and it was suspected that they were being taken to a slaughterhouse from Veraval.
An FIR related to animal cruelty was registered against the accused and they were later booked under PASA by the concerned authorities.
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