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A. Y. KOGJE, SAMIR J. DAVE
Vasim Yusuf Nobara Through His Brother Mohsinbhai Yusufbhai Nobara – Appellant
Versus
Commissioner Of Police – Respondent
JUDGMENT :
(A.Y. Kogje, J.)
1. This petition is filed under Article 226 of the Constitution of India for the following relief:
(b) Any other and further relief/s may kindly be granted in the interest of justice.”
2. The challenge is to the order of detention dated 05.09.2023 passed by the respondent – detaining authority viz. the Commissioner of Police, Vadodara City, 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.
3. Learned advocate for the detenue submits that the grounds of detention would indicate that detaining authority has relied upon two offences of IPC, however,
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 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 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.
The central legal point established in the judgment is that preventive detention should be considered only when there is a clear nexus with the breach of maintenance of public order, and alternative ....
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 the principle that preventive detention should be invoked only when there is a clear impact on public order, and the detaining authority should consider lesser drastic remedi....
The main legal point established in the judgment is that the detention under the Gujarat Prevention of Anti Social Activities Act, 1985 requires a nexus with the breach of public order, and the failu....
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....
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