A. Y. KOGJE, SAMIR J. DAVE
Jigarhusen Abbasbhai @ Ajitbhai Punjabhai Vaghela – 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 dispense with filing of affidavit in support of this petition as the facts are taken from record and also the petitioner is in jail undergoing detention order in question;
(C) YOUR LORDSHIPS be pleased to release the petitioner from his detention pending the admission, hearing and final disposal of this petition;”
2. The Detaining Authorities have detained the two brothers in connection with the similar offences, though the brothers have preferred separate petitions.
3. The present petition is directed against order of detention dated 07-10-2023 passed by the respondent – detaining authority in e
Unreasonable delay in passing a detention order and the supply of illegible documents vitiates the detention order, and the detenu has the right to make an effective representation.
Preventive detention requires a clear link between current threats and past offenses; reliance on stale offenses for detention is insufficient to uphold public order.
The main legal point established in the judgment is that the contravention of any law must affect the community or the public at large to constitute a breach of public order under the Gujarat Prevent....
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....
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....
Unreasonable delay in passing the detention order, reliance on stale offences, and failure to consider subsequent developments in previous detention orders vitiates the subjective satisfaction of the....
The main legal point established is the requirement of a live and proximate link between the prejudicial activities and the purpose of detention, and the need for prompt action in passing the detenti....
The main legal point established in the judgment is that for a detention order to be valid, there must be justifiable subjective satisfaction on objective material, and the alleged offense must signi....
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....
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