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A. S. SUPEHIA, M. R. MENGDEY
Krishnamangal S/o Mahendrasinh Bhumihar Through Mohit Ramjash Patel – 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 01.06.2023 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 punishable under the provisions of the Indian Penal Code as well as Gujarat Police Act 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 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,
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....
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 under the Act must be based on a genuine threat to public order, and the detaining authority must consider all relevant facts, including the release on bail, before making a detention d....
The detention order under the Gujarat Prevention of Anti Social Activities Act, 1985 must be based on a clear nexus with the maintenance of public order, and the detaining authority must consider vit....
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