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A. Y. KOGJE, RAJENDRA M. SAREEN
CHETAN @ RAVI @ CHIRA S/O AJAYKUMAR KEVAAT (KEVAT) – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This petition under Article 226 of the Constitution of India is filed essentially challenging an order of detention passed by the detaining authority Commissioner of Police, Surat City on 25.08.2023 detaining the petitioner as a “Dangerous person” on the basis of two offences under the provisions of Indian Penal Code.
2. Learned advocate for the petitioner has taken this Court through the contentions of both the FIRs. The first offence is private in nature whereas the second incident is arising on account of road accident. Learned advocate for the petitioner has submitted that despite the petitioner was released on bail by the Court of competent jurisdiction in the month of July 2023, an order was passed in the month of August 2023 and therefore, there is delay in passing the detention order either in the order of detention or by separate affidavit. Lastly, learned advocate has submitted that the documents supplied by the detaining authority are illegible and therefore, petitioner could not make effective representation on the basis of such illegible d
The right to make representation is a fundamental right of the detenu under Article 22(5) of the Constitution, and the failure to consider the option of resorting to cancellation of bail is crucial i....
The delay in passing the order of detention and failure to consider the option of resorting to cancellation of bail vitiates the detention order.
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....
Unreasonable and unexplained delay in passing the order of detention vitiates the detention order, and the right to make representation is a fundamental right of the detenu under Article 22(5) of the....
Unreasonable delay in passing a detention order and the supply of illegible documents vitiates the detention order, and the detenu has the right to make an effective representation.
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....
Preventive detention requires a clear link between current threats and past offenses; reliance on stale offenses for detention is insufficient to uphold public order.
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....
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 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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