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A. Y. KOGJE, SAMIR J. DAVE
Jugnu @ Bholo Bachuji Thakor Through His Father Thakor Bachuji Dhulaji – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This petition under Article 226 of the Constitution of India is filed challenging the order of detention dated 29.09.2023 for following relief:-
(B) Allow this Special Civil Application by issuing an appropriate writ of Habeas Corpus or any other appropriate writ or direction quashing and setting aside the impugned order Kramank/DC/PASA/SR/14/2023 of detention at Annexure-‘A’ dt. 29/09/2023 passed by the respondent no.2 & connected proceedings.
(C) Pending admission, hearing and till final disposal of this Special Civil Application, grant stay as to the further implementation, execution and operation of the impugned order Kramank/DC/PASA/SR/14/2023 of detention at Annexure-‘A’ dt.29/09/2023 passed by the respondent no.2 & connected proceedings.”
2. At the outset, it is observed that pursuant to the order dated 08-01-2024 issuing Rule in the matter, on behalf of the State, Affidavit of the Detaining Authority is placed on record giving explanation with regard to the non-mentioning of relevant Circular issued by the State Government, which are required to be referred to before passing the order of detention. Such ex
The delay in passing the order of detention and the sufficiency of the grounds of detention are crucial factors in determining the validity of a detention order.
The detention order must be based on a genuine threat to public order and supported by contemporaneous material. Delay in passing the detention order and lack of contemporaneous material can vitiate ....
Preventive detention requires clear evidence linking detainee's actions to a threat to public order; mere registration of FIRs is insufficient for lawful detention.
The need for a 'live and proximate link' between the grounds of detention and the purpose of detention, and the requirement for convincing impact on public order to justify preventive detention.
The detention order can be challenged on the grounds of delay in passing the order, lack of material connecting alleged anti-social activity with breach of public order, and the availability of alter....
The detention order must have a nexus with the maintenance of public order, and unreasonable delay in passing the order after the petitioner was granted bail can vitiate the detention order.
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