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A. S. SUPEHIA, DIVYESH A. JOSHI
JASHPALSING GURUMUKHSING SIKLIGAR – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
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. 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 for the offences under Sections 454, 457, 380 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 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 statement of witnesses, registration of above FIR/
The detention order must be based on material showing the detenu is a threat to public order, and vital facts must be disclosed. There is a distinction between 'law and order' and 'public order' in d....
The detention order under the Gujarat Prevention of Anti Social Activities Act, 1985 must be based on material showing a threat to public order, and the detaining authority must consider all relevant....
The exceptional nature of preventive detention, the importance of considering vital facts, and the distinction between 'law and order' and 'public order' in the context of detention orders.
The detention order must be based on valid grounds related to public order, and the detaining authority must consider all relevant facts, including the petitioner's release on bail for all offenses.
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 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 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 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 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....
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