Back
A. S. SUPEHIA, DIVYESH A. JOSHI
Pavan Gopalbhai Chamadiya Through His Wife Nikita Pavan Chamadiya – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(A.S. Supehia, J.)
1. Heard the learned advocates appearing for the respective parties.
2. The present petition is directed against the order of detention dated 09.02.2023 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– 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, for the offences under Sections 386, 323, 506(2), 504 and 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act 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, 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
The detention order must be based on valid grounds related to public order, and the detaining authority must consider all relevant facts, including the petitioner's release on bail for all offenses.
The exceptional nature of preventive detention, the importance of considering vital facts, and the distinction between 'law and order' and 'public order' in the context of detention orders.
The detention under the Act must be based on material connecting the detenue's activities to a threat to public order, and the detaining authority must consider vital facts, including the detenue's b....
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 detention under the Act requires a clear connection between the alleged activities and the breach of public order. Vital facts that could influence the decision to detain must be considered by th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
