A. S. SUPEHIA, M. R. MENGDEY
Altaf Abdulbhai Niyatar Through His Brother Aaminbhai Abdulbhai Niyatar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
M.R. MENGDEY, J.
1. Heard learned advocates appearing for the respective parties.
2. The present petition is directed against order of detention dated 06.07.2023 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 (b)(b) of the Act.
3. Mr.Kunal Shah, 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 the offences under Sections 4 and 5 of the Gambling Act by itself cannot bring the case of the detenu within the purview of definition under section 2 (b)(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
Mallada K. Sri Ram Vs. The State of Telangana & Ors. 2022 6 SCALE 50
Pushker Mukherjee v/s. State of West Bengal [AIR 1970 SC 852]
Ram Manohar Lohia v. State of Bihar reported in AIR 1966 SC 740
The main legal point established in the judgment is that the registration of FIRs alone does not establish a nexus with the breach of maintenance of public order, and material circumstances are neces....
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 registration of criminal offenses alone may not be sufficient to invoke the power of preventive detention under the Gujarat Prevention of ....
The main legal point established in the judgment is that a detention order under the Prevention of Anti Social Activities Act cannot be based solely on the registration of FIRs and must have relevant....
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 mere registration of FIRs does not necessarily constitute a breach of public order under the Gujarat Prevention of Anti Social Activities ....
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....
The main legal point established in the judgment is the necessity of material connecting the detenue's activities to public order as required by the Gujarat Prevention of Anti Social Activities Act, ....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.