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A. S. SUPEHIA, DIVYESH A. JOSHI
Jayesh Jagdishbhai @ Khemabhai Jadav, Through His Father Jagdish Mulabhai Jadav – Appellant
Versus
State Of Gujarat – 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 28.01.2023 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.K.S. Jani, 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.11191021220785 of 2022 registered with Gayakwad Haveli Police Station for the offence punishable under Sections 392, 397 and 114 of the Indian Penal Code and (ii) C.R. No.11191021220786 of 2022 registered with Gayakwad Haveli Police Station for the offence punishable under Sections 392, 397 and 114 of the Indian Penal Code respectively 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 petit
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 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 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....
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 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 order under the Gujarat Prevention of Anti Social Activities Act, 1985 must be based on material showing a threat to public order, and the detaining authority must consider all relevant....
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....
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