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A. Y. KOGJE, SAMIR J. DAVE
Krunal @ Jadiyo @ Maliyo, S/o. Sushilbhai Gouda (Gadhada) Through Anil S/o. Kishorchandra Dakua – 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 the following reliefs;
(B) That this Hon’ble Court may be pleased to allow this present Special Civil Application by issuing appropriate writ of habeas corpus or any other appropriate writ, order or direction quashing and setting aside the impugned order of detention, Annexure-A, dated 01.09.2023 passed by respondent No.2.”
2. Essentially, the challenge is to the order of detention dated 01.09.2023 passed by the detaining authority, the Commissioner of Police, City: Surat, detaining the petitioner as a “dangerous person”.
3. Learned advocate for the petitioner submitted that the grounds of detention indicate that the petitioner has been detained as a “dangerous person” on the basis of two IPC offences registered against him with Amroli Police Station.
4. Learned advocate for the petitioner submitted that the nature of offence in both the cases is such that it could be treated as a dispute between priv
The need for a live link between offences to justify detention as a dangerous person under PASA and the requirement of disturbance to public order in the nature of the offences.
The detaining authority must differentiate between offences affecting 'public order' and 'law and order' when issuing a detention order.
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 subjective satisfaction of the detaining authority and the distinction between 'law and order' and 'public order' are crucial legal principles established in the judgment.
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 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....
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