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A. Y. KOGJE, SAMIR J. DAVE
Aiyubhussain Aarifhussain Kureshi – 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 by 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 the ground that the incidents which are referred to in the FIR are arising out of the private dispute and has no bearing on public order. Learned advocate has also argued that though the petitioner was enlarged on regular bail by the Court of appropriate jurisdiction, the detaining authority has not resor
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 that preventive detention should be based on a genuine threat to public order, and alternative measures should be considered before resorting to preventive detention.
The judgment establishes that preventive detention should be exercised in exceptional circumstances and less drastic remedies should be considered before resorting to such measures.
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 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 the requirement for a 'live and proximate link' between the prejudicial activities and the purpose of detention in preventive detention cases.
Preventive detention can be ordered even on the basis of a solitary incident, provided there is justifiable subjective satisfaction on objective material that the incident is likely to create disturb....
The subjective satisfaction of the detaining authority and the distinction between 'law and order' and 'public order' are crucial legal principles established in the judgment.
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