A. Y. KOGJE, SAMIR J. DAVE
Mo. Zaid @ Zaid, S/o. Varisali Pathan – Appellant
Versus
Commissioner Of Police Of City Of Surat – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This petition under Article 226 of the Constitution of India is filed with prayers as under:
2. The present petition is directed against order of detention dated 03-10-2023 passed by the respondent – detaining authority 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 petitioner has challenged the order of detention dated 03.10.2023 by the Police Commissioner, Surat City, detaining the petitioner as ‘Dangerous Person’ primarily on the ground of delay in passing the order of detention, as the offences relied upon by the Detaining Authority were registered on 25-08-20
Shaik Nazeen v/s. State of Telanga and Ors.
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.
Unreasonable delay in passing the detention order, reliance on stale offences, and failure to consider subsequent developments in previous detention orders vitiates the subjective satisfaction of the....
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 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.
The main legal point established is the requirement of a live and proximate link between the prejudicial activities and the purpose of detention, and the need for prompt action in passing the detenti....
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 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 main legal point established in the judgment is that the contravention of any law must affect the community or the public at large to constitute a breach of public order under the Gujarat Prevent....
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