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A. S. SUPEHIA, DIVYESH A. JOSHI
SUNNY SURESHBHAI MAHARAJSING BHATIYA – Appellant
Versus
COMMISSIONER OF POLICE – 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 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 three FIRs for the offences (i) under Sections 323, 324, 294(b), 506(2) and 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act, (ii) under Section 323, 294(b), 506(1) and 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act and (iii) under Sections 397 and 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act, 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 furth
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....
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 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 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.
The detention order must be based on material showing the individual as a threat to public order, and the detaining authority must consider all relevant facts, including the individual's release on b....
The detention order under the Gujarat Prevention of Anti Social Activities Act, 1985 must be based on material showing the detenu as a threat to public order, and the detaining authority must conside....
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