A. Y. KOGJE, SAMIR J. DAVE
Akash @ Raja Shyamkumar Chaturvedi Through Rohan Shyamkumar Chaturvedi – Appellant
Versus
Commissioner Of Police, Ahmedabad City – Respondent
JUDGMENT :
(A.Y. Kogje, J.)
1. This petition under Article 226 of the Constitution of India is filed for the following reliefs;
(B) Your Lordships be pleased to issue a writ of mandamus or any other appropriate writ, direction or order quashing and setting aside the impugned order of detention dated 06.09.2023 passed by the respondent No.1 at Annexure-A herein and further Your Lordships be pleased to issue a writ of habeas corpus or any other appropriate writ directing the respondent authority to release the petitioner detenu forthwith from detention.”
2. Learned advocate for the petitioner submitted that though the grounds of detention indicate that the detaining authority has relied upon three IPC offences; however, the gap between the said three offences are of more than four months and therefore, it cannot be said that the petitioner has continuously indulged in the offence.
3. Learned advocate submitted that the petitioner was enlarged on regular bail in the month of July 2023, but the detention order was pa
The main legal point established in the judgment is that the detaining authority must consider the remedy of cancellation of bail and act promptly in passing the order of detention to maintain the li....
Unreasonable delay in passing the detention order, reliance on stale offences, and failure to consider subsequent developments in previous detention orders vitiates the subjective satisfaction of the....
The court emphasized the importance of considering the nature of the alleged offences in relation to public order and highlighted the impact of delay in passing the order of detention.
The detention order must have a live and proximate link between prejudicial activities and the purpose of detention, and delay in passing the detention order can vitiate the detention order.
The main legal point established in the judgment is that delay in passing the detention order, failure to cancel bail before resorting to preventive detention, and the absence of a nexus between the ....
The detaining authority must act with urgency and provide a satisfactory explanation for any delay in passing a detention order. The registration of FIRs alone cannot establish a nexus with the breac....
The contravention of any law must affect the community or the public at large to be considered a breach of public order, and the detaining authority must promptly consider alternatives such as cancel....
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....
The importance of considering the distinction between 'law and order' and 'public order' and the impact of delay in passing the detention order.
The main legal point established in the judgment is that the registration of FIRs alone cannot justify invoking power under section 3(2) of the Preventive Detention Act, and the detaining authority m....
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