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A. Y. KOGJE, SAMIR J. DAVE
Kalubhai Jumabhai Lakha Dafer – 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:-
2. Thus, essentially, the challenge is to the order of detention dated 05.10.2023 passed by the District Magistrate, Gir Somnath, 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. | Talala Police Station | 11186007230301 of 2023 dated 21.05.2023 | 25(1-B)(A) of the Arms Act and 135 of the GP Act | ------- |
| 2. | Talala Police Station | 11186007230057 of 2023 dated 01.02.2023 | 25(1-B)(1- A) of the Arms Act and 135 of the GP Act | ------- |
3. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registrat
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 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 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 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 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 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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