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A. Y. KOGJE, RAJENDRA M. SAREEN
Faizan @ Pandit Mohammedhussain Usmanbhai Shaikh Through Mehbubbhai Ismailbhai Mansuri – Appellant
Versus
Commissioner Of Police – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This petition under Article 226 of the Constitution of India is filed for following relief:-
2. Thus, essentially, the challenge is to the order of detention dated 29.08.2023 passed by the Police Commissioner, Ahmedabad, respondent No.1 herein, by which the petitioner has been detained as a “dangerous person” based on six offences registered against him, details of which are as under:-
| Sr. No. | Name of Police Station | CR No. and date | Sections | Date of bail order |
| 1 | Vejalpur Police Station, Ahmedabad | 11191028211366 of 2021 dated 13.08.2021 | 385, 294B, 506(2) of IPC and 135(1) of GP Act | 18.08.2021 |
| 2 | Vejalpur Police Station, Ahmedabad | 11191028221174 of 2022 dated 24.0 | ||
The court emphasized the requirement for the detaining authority to resort to cancellation of bail instead of preventive detention and highlighted the distinction between 'law and order' and 'public ....
The main legal point established in the judgment is that the subjective satisfaction of the detaining authority must be based on proper consideration and that ordinary law is sufficient to prevent a ....
The main legal point established in the judgment is that the detention order based on the offences registered against the petitioner must have a nexus with the breach of maintenance of public order a....
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] and the requirement for the detaining authority to justify its....
The alleged offenses must have a bearing on public order as required under the Act, and the ordinary law should be considered sufficient to prevent further offenses before resorting to preventive det....
The detention order under the Act requires sufficient material to demonstrate that the person has become a threat and menace to the society, disturbing the whole tempo of the society and putting the ....
Preventive detention can be ordered even on the basis of a solitary incident, provided there is justifiable subjective satisfaction on objective material that the incident is likely to create disturb....
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 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.
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