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A. S. SUPEHIA, DIVYESH A. JOSHI
Shailesh Jagatnarayan Harishankar (Gaud Brahmin) – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
DIVYESH A. JOSHI, J.
1. Heard the learned advocates appearing for the respective parties.
2. The present petition is directed against the order of detention dated 02.02.2023 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.S. Mishra, 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 two FIRs, first for the offences under Sections 323, 294(B), 506(2), 427 and 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act and another for the offences under Sections 397 and 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act respectively 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 alle
The detention order under the Gujarat Prevention of Anti Social Activities Act, 1985 must be based on a genuine threat to public order, and the detaining authority must consider vital facts before pa....
The detention order must be based on legal and valid subjective satisfaction, considering all vital facts, and should not be a substitute for the ordinary law.
The main legal point established in the judgment is that preventive detention should not be a substitute for ordinary law, and the detaining authority must ensure legal and valid subjective satisfact....
Preventive detention should only be used in rare and exceptional cases where the activities of the detainee affect public order, and vital facts that could influence the detaining authority's decisio....
The detention order must be supported by material showing a threat to public order and must consider the release on bail in such cases.
The detention order must be based on material showing the individual as a threat to public order, and the detaining authority must consider all relevant facts, including the individual's release on b....
The detention under the Act should be based on a proper assessment of the impact on public order, and the detaining authority must consider all relevant facts, including the detenue's bail status.
The detention order under the Gujarat Prevention of Anti Social Activities Act, 1985 must be based on material showing the detenu as a threat to public order, and the detaining authority must conside....
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