Back
A. Y. KOGJE, SAMIR J. DAVE
Barkatali Munnabhai Shah – Appellant
Versus
Commissioner of Police – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This petition under Article 226 of the Constitution of India is inter-alia filed inter-alia 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 Ahmedabad by which the petitioner has been detained as a ‘dangerous person’ based on two offenses registered with Isanpur Police Station. The grounds of detention would indicate that the detaining authority has relied upon two IPC offenses registe
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 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 detention order can be quashed if the offenses do not disturb public order, and the delay in passing the order is fatal.
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 live link between offences is essential for justifying a detention order, and the contravention of any law must affect the community or the public at large to be considered as affecting public or....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
