A. Y. KOGJE, SAMIR J. DAVE
Aftab Alias Altaf Faridahemad Shekh – Appellant
Versus
Commissioner Of Police Ahmedabad City – Respondent
JUDGMENT :
SAMIR J. DAVE, j.
1. Heard learned advocates appearing for the respective parties.
2. The present petition is directed against order of detention dated 22.09.2023 passed by the respondent – detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short “the Act”) by detaining the petitioner – detenue as defined under section 2(c) of the 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 registration of the thee offences under Sections 324, 323, 506(2), 385, 452, 323, 294(B), 506(2) and 114 of the IPC by itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the in
Pushker Mukherjee v/s. State of West Bengal [AIR 1970 SC 852]
Shaik Nazeen v/s. State of Telanga and Ors reported in (2023) 9 SCC 633
The main legal point established in the judgment is that mere registration of FIRs does not necessarily constitute a threat to public order as required under the Gujarat Prevention of Anti Social Act....
The detention order under the Gujarat Prevention of Anti Social Activities Act, 1985, must be based on activities that pose a threat to public order as distinct from mere breaches of law and order.
The detention under the Act requires a clear nexus between the alleged activities and the maintenance of public order, as defined by the Act and relevant penal laws.
The legality of a detention order under the Gujarat Prevention of Anti Social Activities Act hinges on establishing a nexus between the alleged activities and the breach of public order as required u....
The judgment emphasizes the requirement for a clear nexus between the detenue's activities and the breach of public order to justify preventive detention under the Act.
The detention under the Gujarat Prevention of Anti Social Activities Act, 1985 requires a nexus between the alleged activity and the breach of public order, and the detaining authority must undertake....
The main legal point established in the judgment is that the registration of FIRs alone did not have any nexus with the breach of maintenance of public order, and no other relevant and cogent materia....
The judgment emphasizes the requirement for a meaningful exercise and subjective satisfaction by the detaining authority in reaching a detention decision, and the need for a clear nexus between the d....
The judgment establishes that for an action under the Preventive Detention Act, the contravention of any law must affect the community or the public at large to be considered as affecting public orde....
The court emphasized the requirement for a meaningful exercise and subjective satisfaction of the detaining authority, highlighting the distinction between 'law and order' and 'public order' as estab....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.