Back
A. Y. KOGJE, SAMIR J. DAVE
Hasim Alias Yasin T. T. Ibrahimbhai Kureshi Through His Wife Sabanambanu Yasin Kureshi – 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 11.10.2023 passed by the Police Commissioner, Ahmedabad, respondent No.2 herein, by which the petitioner has been detained as a “cruel 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 | Narol Police Station | 111910652220857 of 2022 dated 29.10.2022 | 379, 429 and 114 of IPC, 5, 8 an 10 of the Gujarat Animals Preservation Act, 6(B)(1)(2) of the Gujarat Animals Preservation (Amendment) Act and Section 11(1)(L) of the Preve | |
The judgment established the principle that preventive detention should only be resorted to when the alleged activities pose a threat to public order and when alternative remedies, such as cancelling....
The judgment established that preventive detention should be based on a genuine threat to public order, and alternative measures should be considered before resorting to preventive detention.
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 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 distinction between 'law and order' and 'public order' as laid down in Pushker Mukherjee v/s. State of West Bengal [AIR 1970 SC 852] was central to the court's decision.
The live link between offences is essential for justifying a detention order, and the contravention of any law must affect the community or the public at large to be considered as affecting public or....
The judgment establishes that preventive detention should be exercised in exceptional circumstances and less drastic remedies should be considered before resorting to such measures.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
