A. Y. KOGJE, SAMIR J. DAVE
Anish @ Chhotu Lakkad Sureshbhai Shrivas – 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 the following reliefs:
(b) That this Hon’ble Court be pleased to issue appropriate writ or direction to the respondents authority to quash and set aside the detention order passed by the respondent no.2 herein vide Number/PCB/DTN/PASA/529/2023 dated 27.09.2023 (Annexure-A) in the interest of justice;
(c) Pending admission and/or final disposal of this petition, this Hon’ble Court be pleased to stay the implementation, execution and operation of the proposed detention order passed by the respondent no.2 herein Number/PCB/DTN/PASA/529/2023 dated 27.09.2023 (Annexure-A) in the interest of justice;
(d) xxx.. xxx… xxx;
(e) xxx.. xxx… xxx.”
2. The challenge is to the order of detention dated 27.09.2023 passed by the respondent– detaining authority viz. the Commissioner of Police, City Ahmedabad, 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 advo
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 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 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 detaining authority must consider the remedy of cancellation of bail and act promptly in passing the order of detention to maintain the li....
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 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 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....
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.
The detention order can be quashed if the offenses do not disturb public order, and the delay in passing the order is fatal.
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