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A. S. SUPEHIA, D. A. JOSHI
Altaf @ Bapu Nabisha Nursha Fakir – Appellant
Versus
Commissioner Of Police – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. Heard learned advocates appearing for the respective parties.
2. The present petition is directed against order of detention dated 26.1.2023 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.Parthiv Bhatt, 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 nine FIRs all for the offences under Sections 379 and 114 of the Indian Penal Code by itself cannot bring the case of the detenu within the purview of definition under section 2 (c) of the Act. He also submitted that the detenue has already been released on bail in all these offences and the detaining authority has not applied its mind on this aspect and the detention order is blissfully silent. Learned advocate for the petitioner further submitted that illegal activity likely to be carried out or alleged to ha
The main legal point established in the judgment is the requirement of material connecting the alleged anti-social activity to the breach of public order in order to justify preventive detention unde....
The main legal point established in the judgment is the importance of considering vital facts, such as the detenu's release on bail, before passing a detention order under the Gujarat Prevention of A....
Preventive detention requires a clear nexus to public order disruption, which was not met in this case, leading to the quashing of the detention order.
The detention under the Act requires a clear connection between the alleged activities and the breach of public order. Vital facts that could influence the decision to detain must be considered by th....
The detention under the Act must be based on material connecting the detenue's activities to a threat to public order, and the detaining authority must consider vital facts, including the detenue's b....
The detention under the Act must be based on a genuine threat to public order, and the detaining authority must consider all relevant facts, including the release on bail, before making a detention d....
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