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A. S. SUPEHIA, DIVYESH A. JOSHI
Rohitbhai Ajitbhai Thakor – 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 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(c) of the Act.
3. Mr.Usmangani Mansuri, 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 six FIRs, first for the offences under Sections 294(b), 324, 506(2), 114 of the Indian Penal Code and Section 135 (1) of the Gujarat Police Act; second for for the offences under Sections 294(b), 323, 506(2), 114 of the Indian Penal Code and Section 135 (1) of the Gujarat Police Act; third for the offences under Sections 307, 324,294(b), 452,143,147,148,149,427 of the Indian Penal Code and Section 3(2)(5-A) of the Atrocities Act and section 135(1) of the Gujarat Police Act; forth for the offences
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 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 a case where the person has become a threat and menace to society, disturbing the whole tempo of the society and all social apparatus, and a mere disturbance of l....
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 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....
The detention under the Act must be based on a case where the person has become a threat and menace to society, disturbing the whole tempo of the society and all social apparatus, and a mere registra....
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 must be supported by material showing a threat to public order and must consider the release on bail in such cases.
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