A. S. SUPEHIA, D. A. JOSHI
Mahesh @ Golu Vinod Mundale – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
D.A. JOSHI, J.
1. Heard learned advocates appearing for the respective parties.
2. The present petition is directed against order of detention dated 10.1.2023 passed by the respondent – detaining authority in exercise of powers conferred under section 3 (1) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short “the Act”) by detaining the petitioner – detenu as defined under section 2 (c) of the Act.
3. Mr.R.R.Sharma, learned advocate for the detenu submitted that the impugned order of detention of the detenu requires to be quashed and set aside because the detaining authority has passed order of detention solely on the ground of registration of the offences under Sections 294 (B), 323, 427, 506 (2), 142, 143, 144, 147, 149 and 114 of the Indian Penal Code, Section 135 of the Gujarat Police Act and Section 25 (1- B) of the Arms Act by itself cannot bring the case of the detenu within the purview of definition under section 2 (c) of the Act. Learned advocate for the petitioner further submitted that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order
Mallada K. Sri Ram Vs. The State of Telanganana & Ors. 2022 6 Scale 50
Pushker Mukherjee v/s. State of West Bengal [AIR 1970 SC 852]
Ram Manohar Lohia v. State of Bihar reported in AIR 1966 SC 740
The main legal point established in the judgment is that the registration of criminal offenses alone may not be sufficient to invoke the power of preventive detention under the Gujarat Prevention of ....
The main legal point established in the judgment is that the mere registration of FIRs does not necessarily constitute a breach of public order under the Gujarat Prevention of Anti Social Activities ....
The detention order based on the registration of FIRs must have a nexus with the breach of maintenance of public order, and the authority cannot have recourse under the Act without relevant and cogen....
The main legal point established in the judgment is that the power of preventive detention under the Gujarat Prevention of Anti Social Activities Act, 1985 should be invoked only when the alleged act....
The simplicitor registration of FIR/s by itself cannot have any nexus with the breach of maintenance of public order.
The main legal point established in the judgment is that the registration of FIRs for specific offenses under the Indian Penal Code does not necessarily have a nexus with the breach of maintenance of....
The main legal point established in the judgment is that a detention order under the Prevention of Anti Social Activities Act cannot be based solely on the registration of FIRs and must have relevant....
The registration of FIRs by itself cannot have any nexus with the breach of maintenance of public order as required under the Gujarat Prevention of Anti Social Activities Act, 1985.
The main legal point established in the judgment is that the mere registration of FIRs does not necessarily constitute a breach of public order, and the detaining authority must establish a threat to....
The main legal point established in the judgment is the distinction between 'law and order' and 'public order' as required under the Gujarat Prevention of Anti Social Activities Act, 1985.
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