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A. Y. KOGJE, SAMIR J. DAVE
Varun @ Babo Babubhai Amibhai Desai – 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. The challenge is to the order of detention dated 22.09.2023 the detaining authority namely Commissioner of Police, City Ahmedabad, by which the petitioner has been detained as a “dangerous person” based on two offences registered against him.
3. Learned advocate for the petitioner has challenged the order of detention on two grounds firstly, that the offenses in which the petitioner has been involved are arising out of private dispute and has no connection with disturbance in public order. Secondly, learned advocate has argued that the first offense was registered in December 2022, whereas the second offense was registered in August 2023 and therefore, there was a time gap of almost eight months and therefore, the petit
The detention order can be quashed if the offenses do not disturb public order, and the delay in passing the order is fatal.
The main legal point established in the judgment is that the detention under the Gujarat Prevention of Anti Social Activities Act, 1985 requires a nexus with the breach of public order, and the failu....
The need for a live link between offences to justify detention as a dangerous person under PASA and the requirement of disturbance to public order in the nature of the offences.
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 central legal point established in the judgment is that preventive detention should be considered only when there is a clear nexus with the breach of maintenance of public order, and alternative ....
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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