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A. S. SUPEHIA, D. A. JOSHI
MANISH @ KATARI JAGDISHBHAI PRAJAPATI – Appellant
Versus
STATE OF GUJARAT – 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 20.01.2023 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. D.D. Gautam, 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. 111910132220718 of 2022 registered with Krushnanagar Police Station for the offence punishable under Sections 392, 511, 323, 294(B), 506(2) and 114 of the Indian Penal Code and Section 135 (1) of the Gujarat Police Act and (ii) C.R. No. 11191033230052 of 2023 registered with Meghaninagar Police Station for the offence punishable under Sections 324, 323, 294(B), 506(2) and 114 of the Indian Penal Code and Section 135(1) of the G.P. Act respectively by itself cannot bring the case of the det
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 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 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 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 under the Gujarat Prevention of Anti Social Activities ....
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 power of preventive detention under the Gujarat Prevention of Anti Social Activities Act, 1985 should be invoked only when the alleged act....
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 the registration of criminal offenses alone may not be sufficient to invoke the power of preventive detention under the Gujarat Prevention of ....
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