A. S. SUPEHIA, D. A. JOSHI
Vikas Ramdulare Gupta – 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 18.1.2023 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. 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 being (i) C.R. No.11210045230191 of 2023 registered with the Pandesara Police Station for the offences under Sections 325, 323, 504, 506(2) and 114 of the Indian Penal Code and Section 135 (1) of the Gujarat Police Act and (ii) C.R. No.11210045230202 of 2023 registered with the Pandesara Police Station for the offences under Sections 323, 504, 506(2) 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. Learned advocate for the petit
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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 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 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 registration of FIRs for specific offenses under the Indian Penal Code does not necessarily have a nexus with the breach of maintenance of....
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 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 ....
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 the distinction between 'law and order' and 'public order' as required under the Gujarat Prevention of Anti Social Activities Act, 1985.
The main legal point established in the judgment is that the registration of FIRs alone may not warrant a detention order under the Gujarat Prevention of Anti Social Activities Act, 1985 if the activ....
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....
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