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A. Y. KOGJE, SAMIR J. DAVE
Vijay @ Bhuri Bhaga @ Bhuriyo S/o Bhupatbhai Makvana – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This petition under Article 226 of the Constitution of India is inter-alia filed for following prayer:
2. The present petition is directed against order of detention dated 30.09.2023 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. Under the order of detention dated 30.09.2023 passed by the Commissioner of Police, City Surat by which the petitioner has been detained as a ‘dangerous person’ based on two offenses registered with Kapodra and Utran Police Station.
3. Learned advocate for the petitioner has challenged the order of detention on the ground that the detaining authority has relied upon two offenses which are registered in the year 202
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 under the Gujarat Prevention of Anti Social Activities Act, 1985 requires a nexus with the breach of public order, and the failu....
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....
The delay in passing the order of detention and failure to consider the option of resorting to cancellation of bail vitiates 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.
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....
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.
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