A. S. SUPEHIA, DIVYESH A. JOSHI
Khimjibhai S/o Tapubhai Bambhva (Bharwad) – Appellant
Versus
Commissioner Of Police – Respondent
JUDGMENT :
Divyesh A. JOSHI, j.
1. Heard learned advocates appearing for the respective parties.
2. The present petition is directed against order of detention dated 03.02.2023 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 (g-a) of the Act.
3. Mr. B.C. Dave, 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 solitary FIR for the offences under Sections 384, 323, 504, 506(2) and 114 of the Indian Penal Code and Sections 40, 42(a)(d)(e) of the Gujarat Moneylenders’ Act respectively 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 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 and at the most, it can be said to be breach of law and order. Further, except stat
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 a nexus between alleged offenses and the breach of maintenance of public order under the Gujarat Prevention of Anti Social Acti....
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....
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 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....
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 that the mere registration of FIRs does not necessarily constitute a breach of public order as required under the Gujarat Prevention of Anti Social....
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 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 power of preventive detention under the Gujarat Prevention of Anti Social Activities Act, 1985 should be invoked only when the alleged act....
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....
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