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A. Y. KOGJE, SAMIR J. DAVE
Asif Valibhai Kherani Sumara – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(A.Y. Kogje, J.)
1. This petition under Article 226 of the Constitution of India is filed with prayers as under:
(B) YOUR LORDSHIPS be pleased to release the petitioner from his detention pending the admission, hearing and final disposal of this petition.’”
2. The present petition is directed against order of detention dated 28-09-2023 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. Essentially challenge is made to the order of detention dated 28- 09-2023, where the petitioner has been detained as ‘Dangerous person’ on
The judgment establishes that preventive detention should be exercised in exceptional circumstances and less drastic remedies should be considered before resorting to such measures.
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 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 live link between offences is essential for justifying a detention order, and the contravention of any law must affect the community or the public at large to be considered as affecting public or....
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 under the Gujarat Prevention of Anti Social Activities Act, 1985 requires a nexus with the breach of public order, and the failu....
The judgment established the principle that simplicitor registration of FIRs by itself cannot have any nexus with the breach of maintenance of public order, and the authority cannot have recourse und....
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 that the detention order under the Gujarat Prevention of Anti-Social Activities Act, 1985 must be in accordance with the requirement of public orde....
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