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A. Y. KOGJE, SAMIR J. DAVE
Jafar S/O Abdul Razak Shaikh Through Abdul Razak S/O Naththu 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:-
2. Thus, essentially, the challenge is to the order of detention dated 25.09.2023 passed by the Police Commissioner, Surat, 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 | Mahidharpura Police Station | 11210030230908 of 2023 dated 17.09.2023 | 379, 114 of IPC | 21.09.2023 |
| 2 | Mahidharpura Police Station | 11210030230909 of 2023 dated 17.09.2023 | 379, 114 of IPC | 21.09.2023 |
3. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside as registration of the offences under IPC Sections by
The main legal point established in the judgment is that the subjective satisfaction of the detaining authority must be legal and valid, and the alleged offences must have a bearing on public order t....
The main legal point established in the judgment is that preventive detention should only be resorted to when the alleged activities of the detenue pose a threat to public order, and alternative reme....
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....
The alleged offenses must have a bearing on public order as required under the Act, and the ordinary law should be considered sufficient to prevent further offenses before resorting to preventive det....
The detention order under the Act requires sufficient material to demonstrate that the person has become a threat and menace to the society, disturbing the whole tempo of the society and putting the ....
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 court emphasized the requirement for the detaining authority to resort to cancellation of bail instead of preventive detention and highlighted the distinction between 'law and order' and 'public ....
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 distinction between 'law and order' and 'public order' as laid down in Pushker Mukherjee v/s. State of West Bengal [AIR 1970 SC 852] and the requirement for the detaining authority to justify its....
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