A. S. SUPEHIA, D. A. JOSHI
Jivanbhai Nathabhai Jogarana (Bharvad) Through His Brother Bhupendrabhai Nathabhai Jogarana – Appellant
Versus
Commissioner Of Police – 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 16.01.2023 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 (g-a) of the Act.
3. Mr. Vicky B. Mehta, learned advocate for the detenu submitted that the impugned order of detention of the detenu requires to be quashed and set aside, because registration of two FIRs being (i) C.R. No. Part-A- 11196035230028 of 2023 for the offence punishable under Sections 384, 323, 294(b), 506(2) and 114 of the Indian Penal Code and Sections 40 and 42 of the Gujarat Moneylenders’ Act and (ii) C.R. No. Part-A- 11196035230033 of 2023 for the offence punishable under Sections 384, 506(1) and 114 of the Indian Penal Code and Sections 40 and 42 of the Gujarat Moneylenders’ Act by itself cannot bring the case of the detenu within the purview of definition under section 2 (g-a) of the Act. Learned advocate for the petitioner further submitted that illegal acti
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 the requirement for material demonstrating a threat to public order to justify preventive detention under the Gujarat Prevention of Anti Social Act....
The main legal point established in the judgment is the requirement for activities to have a nexus with the breach of public order as per the Gujarat Prevention of Anti Social Activities Act, 1985, a....
Preventive detention should not be used as a remedy when other legal measures are available, and there must be a clear nexus between the alleged activities and the breach of public order as required ....
The judgment establishes the principle that preventive detention under PASA Act requires a genuine threat to public order, not just the registration of criminal cases, and emphasizes the need for a c....
The main legal point established in the judgment is the requirement for a nexus between alleged offenses and the breach of maintenance of public order under the Gujarat Prevention of Anti Social Acti....
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 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 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 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 mere registration of FIRs does not necessarily constitute a breach of public order under the Gujarat Prevention of Anti Social Activities ....
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