Court Quashes Detention Order Against Alleged Bootlegger, Finds No Link to Public Order - 2024-06-14

Legal Articles | Court & Judgment Updates

Background

In a significant ruling, the High Court has quashed the detention order passed against Vimal @ Vikki @ Vikki Aandhdo , who was preventively detained by the Surat Police Commissioner as a 'bootlegger' under the Gujarat Prevention of Anti-social Activities Act, 1985.

Arguments

The petitioner's counsel argued that the grounds of detention had no nexus to 'public order,' but were merely a matter of law and order, as the registration of the offences could not be said to have adversely affected or be likely to affect the maintenance of public order. The state counsel, on the other hand, contended that the detainee was a habitual offender, and his activities had affected the society at large, justifying the detention order.

Court's Analysis and Reasoning

The court carefully considered the material on record and the submissions made by both parties. It observed that the two prohibition offences registered against the detainee did not have any bearing on the maintenance of public order, as per the Supreme Court's rulings in Piyush Kantilal Mehta v. Commissioner of Police, Ahmedabad and Pushkar Mukherjee v. State of West Bengal . The court held that the detaining authority had failed to substantiate how the detainee's alleged anti-social activities had adversely affected or were likely to affect the maintenance of public order.

Decision

Accordingly, the High Court quashed the detention order, finding that the detaining authority's subjective satisfaction was not legal, valid, or in accordance with the law. The court directed the detainee to be set at liberty forthwith, unless required in any other case.