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A. S. SUPEHIA, M. R. MENGDEY
Faisalkhan S/o Ishaqkhan Pathan (Khan) – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. Heard learned advocates appearing for the respective parties.
2. The present petition is directed against order of detention dated 19.03.2023 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. 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 for the offences under Sections 379(a)(3) and 114 of the Indian Penal Code 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 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 o
The main legal point established in the judgment is that the mere registration of FIRs may not be sufficient to invoke the Gujarat Prevention of Anti Social Activities Act, 1985, and the detaining au....
The central legal point established in the judgment is that the detention under the Prevention of Anti Social Activities Act must be based on a genuine threat to public order, and mere registration o....
The main legal point established in the judgment is the importance of considering vital facts, such as the detenu's release on bail, before passing a detention order under the Gujarat Prevention of A....
The main legal point established in the judgment is the requirement of material connecting the alleged anti-social activity to the breach of public order in order to justify preventive detention unde....
Mere registration of FIRs cannot be the sole basis for invoking power under preventive detention laws, and the distinction between 'law and order' and 'public order' is crucial in determining the leg....
The judgment emphasizes the distinction between 'law and order' and 'public order', highlighting that the mere registration of FIRs for offenses may not necessarily indicate a breach of public order ....
The main legal point established in the judgment is that the registration of FIR alone does not establish a nexus with the breach of maintenance of public order as required by the Gujarat Prevention ....
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