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A. Y. KOGJE, SAMIR J. DAVE
Kuldip Vishambhar Bhadoriya Through Cousin Brother Dharmednrasinh Rajbahadursinh Bhadoriya – 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:-
(B) Allow this Special Civil Application by issuing a writ of Habeas Corpus or any other appropriate writ, order or direction, quashing and setting aside the impugned order of detention dated 19.11.2023 at Annexure-A passed by the Respondent No.1.”
(C) xxxx.”
2. Thus, essentially, the challenge is to the order of detention dated 19.11.2023 passed by the Police Commissioner, Ahmedabad, respondent No.1 herein, by which the petitioner has been detained as a “dangerous person” based on three 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. | Krushnnagar Police Station | 11191013230310 of 2023 dated 18.04.2023 | 332, 186, 323, 294B, 506(2) and 114 of IPC | 19.04.2023 |
| 2. | Bapunagar Police Station | 11191007230529 of 2023 dated 17.08.2023 | 435, 323, 294B, 506(1), 427 and 114 of IPC | 24.09.2023 |
| 3. | Bapunagar Police Station | 11191007230530 of 2023 dated 17.08.2023 | 294B, 506(2), and 114 of IPC and 135(1) of GP Act | 24.09.2023 |
3. Learned advo
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 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 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....
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....
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