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A. S. SUPEHIA, DIVYESH A. JOSHI
RUTURAJBHAI LALJIBHAI AAL – Appellant
Versus
COLLECTOR AND DISTRICT MAGISTRATE – 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 14.12.2022 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-detenue as defined under section 2(c) of the Act.
3. Learned advocate for the detenue submitted that the impugned order of detention of the detenue 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, first for the offences under Sections 447 and 114 of the Indian Penal Code and Sections 4(1), (2), (3), 5(G), CH of the Land Grabbing (Prohibition) Act, 2020 and another for the offences under Section 385, 452, 506(2) and 114 of the Indian Penal Code respectively by itself cannot bring the case of the detenue 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,
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 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 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....
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 must be based on a case where the person has become a threat and menace to society, disturbing the whole tempo of the society and all social apparatus, and a mere registra....
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 based on legal and valid subjective satisfaction, considering all vital facts, and should not be a substitute for the ordinary law.
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....
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