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A. Y. KOGJE, SAMIR J. DAVE
Mohammed Hanif Alias Patli Husenbhai Shaikh Through His Wife Jaynabbibi Mohammedhanif Shaikh – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This petition under Article 226 of the Constitution of India is filed for following relief:-
b. To issue an appropriate writ, order or direction quashing and setting aside the detention order No.PCB/PASA/DTN/654/2023 dated 03.12.2023 at Annexure-A by the respondent no.2 Commissioner of Police, Ahmedabad City and be further pleased to direct the respondents to release the petitioner detenue from detention forthwith;
c. to e. XXXXX”
2. Essentially, the challenge is to the order of detention dated 03.12.2023 passed by the Police Commissioner, Ahmedabad City, respondent No.2 herein, by which the petitioner has been detained as a “dangerous person” based on two 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 | Sola High Court Police Station | 11191045230343 of 2023 dated 03.05.2023 | 379 of IPC | 18.05.2023 |
| 2 | Vasna Police Station | 11191066230552 of 2023 dated 12.10.2023 | 379 of IPC | 13.10.2023 |
3. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed
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 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 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 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 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....
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 importance of considering the distinction between 'law and order' and 'public order' and the impact of delay in passing the detention order.
The contravention of any law must affect the community or the public at large to be considered as affecting public order, and the detaining authority must consider the option of cancelling the petiti....
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 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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