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A. Y. KOGJE, SAMIR J. DAVE
Mahavir alias Hukum Prakashbhai Hansora – 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:
2. Essentially, the challenge is to the order of detention dated 25.09.2023 passed by the detaining authority, the Commissioner of Police, Ahmedabad City, detaining the petitioner as a “dangerous person.”
3. Learned advocate for the petitioner has challenged the order of detention on the ground that the offences relied upon by the detaining authority are not of such a nature which would result in breach of public order, as, in the first offence, it is submitted that nobody is named in the FIR and no recovery or discovery of any weapon is made from the petitioner nor any test identification parade w
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 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 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 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 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 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....
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