Back
A. S. SUPEHIA, D. A. JOSHI
PAVAN HIRDAYRAM VARMA – Appellant
Versus
STATE OF GUJARAT – 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 30.12.2022 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 (f) 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 two offences under Sections 8(c), 20(a) and 29 of the NDPS Act by itself cannot bring the case of the detenu within the purview of definition under section 2 (f) 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/s, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenu
The central legal point established in the judgment is that the detention under the Prevention of Anti Social Activities Act must be based on a genuine threat to public order, and mere registration o....
The main legal point established in the judgment is that the mere registration of FIRs may not be sufficient to invoke the Gujarat Prevention of Anti Social Activities Act, 1985, and the detaining au....
The main legal point established in the judgment is that the registration of FIR alone does not establish a nexus with the breach of maintenance of public order as required by the Gujarat Prevention ....
Mere registration of FIRs cannot be the sole basis for invoking power under preventive detention laws, and the distinction between 'law and order' and 'public order' is crucial in determining the leg....
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 Prevention of Anti Social Activit....
Preventive detention should not be used as a remedy when other penal laws are sufficient, and there must be a nexus between the alleged activity and the breach of maintenance of public order as requi....
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 main legal point established is that preventive detention under the Act requires material showing a threat to public order, and mere registration of FIRs for specific offenses may not be sufficie....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
