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A. Y. KOGJE, RAJENDRA M. SAREEN
Saiyedali @ Saidu @ Chor Mansurali Saiyed, Through Shaikh Mujib Mahebubbhai – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(A.Y. Kogje, J.)
1. This petition under Article 226 of the Constitution of India, is filed for following reliefs:
2. Thus, essentially, the challenge is to the order of detention dated 29.08.2023 passed by the Commissioner of Police, Ahmedabad, respondent No.2 herein, by which the petitioner has been detained as a “dangerous person” on the basis of two FIR’s registered under the provisions of Indian Penal Code.
3. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of the offences under IPC Sections by itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been car
The main legal point established in the judgment is that the detaining authority should act with urgency in cases involving activities that can be termed antisocial, and unreasonable delay in passing....
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 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 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....
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 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 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 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 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 detention order under the Gujarat Prevention of Anti-Social Activities Act, 1985 must be in accordance with the requirement of public orde....
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