A. Y. KOGJE, SAMIR J. DAVE
Rokesh @ Lokesh Chandrakant (Chhara), Through Mother Gumane Sobhana Chandrakant – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(A.Y. Kogje, J.)
1. This petition is filed under Article 226 of the Constitution of India for the following relief :
(b) YOUR LORDSHIPS be pleased to dispense with filing of affidavit in support of this petition as the facts are taken from records and also petitioner is in jail undergoing detention order in question.
(c) YOUR LORDSHIPS be pleased to release the petitioner from her detention, pending the admission, hearing and final disposal of this petition;
(d) YOUR LORDSHIPS be pleased to pass such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be
The live link between offences is essential for justifying a detention order, and the contravention of any law must affect the community or the public at large to be considered as affecting public or....
The detention under the Gujarat Prevention of Antisocial Activities Act, 1985 requires justifiable subjective satisfaction on objective material that the activities affect public order.
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.
Preventive detention based on a solitary incident or instance requires justifiable subjective satisfaction on objective material that the incident or offence is likely to create disturbance of public....
The court emphasized the need for a proximate link between the grounds of detention and the purpose of detention, and the importance of providing legible documents to the detainee for making a repres....
The distinction between 'law and order' and 'public order' as laid down in Pushker Mukherjee v/s. State of West Bengal [AIR 1970 SC 852] was central to the court's decision.
The subjective satisfaction of the detaining authority must be legal, valid, and in accordance with the law. Mere registration of FIRs by itself cannot have any nexus with the breach of maintenance o....
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.
Preventive detention under the Gujarat Prevention of Anti-Social Activities Act, 1985 requires a nexus with the breach of public order, and alternative remedies should be considered before resorting ....
The main legal point established in the judgment is that for a detention order to be valid, there must be justifiable subjective satisfaction on objective material, and the alleged offense must signi....
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