A. S. SUPEHIA, DIVYESH A. JOSHI
ASHOK @ LALO S/O UMESHBHAI RANA – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
DIVYESH A. JOSHI, J.
1. Heard learned advocates appearing for the respective parties.
2. The present petition is directed against order of detention dated 03.02.2023 passed by the respondent-detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short “the Act”) by detaining the petitioner-detenue as defined under section 2(b) of the Act.
3. Mr.Kishan Daiya, learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of an FIR for the offences under Sections 65(A)(E), 81 and 116(B) of the Prohibition Act by itself cannot bring the case of the detenu within the purview of definition under section 2 (b) 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 materi
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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 Gujarat Prevention of Anti Social....
The main legal point established in the judgment is the requirement for a disturbance to the community at large to constitute a breach of public order under the Prevention of Anti Social Activities A....
Mere registration of FIRs without material showing a threat to public order cannot justify preventive detention under the Gujarat Prevention of Anti Social Activities Act, 1985.
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 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 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 mere registration of FIRs does not necessarily constitute a breach of public order, and the detaining authority must establish a threat to....
Mere registration of FIRs does not necessarily indicate a breach of public order, and preventive detention laws should be applied with strict adherence to lawful standards.
The main legal point established in the judgment is the distinction between 'law and order' and 'public order' as it pertains to the application of preventive detention laws, emphasizing that every d....
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....
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