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A. Y. KOGJE, MAUNA M. BHATT
Sanjit @ Sandip S/o Chagur @ Sangubhai Gautam – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This petition under Article 226 of the Constitution of India is filed inter- alia for following relief:
(B) BE PLEASED to issue appropriate writ, order or direction for quashing and setting aside the detention order dtd 01.06.2023 at annexure A passed by the Police Commissioner, Surat City, vide PCB/PASA/DTN/435/2023, passed by the Police Commissioner, Surat i.e. the respondent No.2 heren and further be pleased to direct the respondent to release the petitioner from detention forthwith and set at free, in the interest of justice.”
2. Essentially the challenge is to the order of detention dated 01.06.2023 for which the petitioner has been detained as “dangerous person” on the basis of two offences registered against the petitioner in Surat City.
3. The present petition is directed against order of detention dated 01.06.2023 passed by the respondent – detaining authority in exercise of powers conferred under section 3(2) 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.
4.
The judgment established the principle that simplicitor registration of FIRs by itself cannot have any nexus with the breach of maintenance of public order, and the authority cannot have recourse und....
The main legal point established in the judgment is that the contravention of any law must affect the community or the public at large to constitute a breach of public order under the Gujarat Prevent....
The main legal point established in the judgment is the requirement for a 'live and proximate link' between the prejudicial activities and the purpose of detention in preventive detention cases.
The detention order must be in accordance with the law and based on a genuine threat to public order. The failure to consider alternative measures, such as cancelling bail, and the delay in passing t....
The detention order must have a bearing on 'public order' as required under the Act, and the detaining authority should consider cancellation of bail as an alternative remedy. Additionally, there sho....
The main legal point established in the judgment is that the detention order under the Gujarat Prevention of Anti-Social Activities Act, 1985 must be in accordance with the requirement of public orde....
The judgment established that preventive detention should be based on a genuine threat to public order, and alternative measures should be considered before resorting to preventive detention.
Unreasonable and unexplained delay in passing the order of detention vitiates the detention order, and the right to make representation is a fundamental right of the detenu under Article 22(5) of the....
The main legal point established is the requirement of a live and proximate link between the prejudicial activities and the purpose of detention, and the need for prompt action in passing the detenti....
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