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A. Y. KOGJE, SAMIR J. DAVE
Ahmedhusen Shabirhusen Shaikh – 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. Thus, essentially, the challenge is to the order of detention dated 22.09.2023 passed by the Police Commissioner, Vadodara, respondent No.2 herein, by which the petitioner has been detained as a “dangerous person” based on two offences registered against him, details of which are as under:-
| Sr. No. | Name of Police Station | CR No. and date | Sections | Date of bail order |
| 1 | Jawaharnagar Police Station | Part-1-11196009230401 of 2023 dated 04.09.2023 | 379 and 114 of IPC | 18.09.2023 |
| 2 | Jawaharnagar Police Station | Part-1-11196009230406 of 2023 dated 14.09.2023 | 379 and 114 of IPC | 21.09.2023 |
3. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside as registration of th
The court emphasized the requirement for the detaining authority to resort to cancellation of bail instead of preventive detention and highlighted the distinction between 'law and order' and 'public ....
The detention order under the Act requires sufficient material to demonstrate that the person has become a threat and menace to the society, disturbing the whole tempo of the society and putting the ....
The main legal point established in the judgment is that the subjective satisfaction of the detaining authority must be legal and valid, and the alleged offences must have a bearing on public order t....
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 main legal point established in the judgment is that preventive detention should only be resorted to when the alleged activities of the detenue pose a threat to public order, and alternative reme....
The main legal point established in the judgment is that preventive detention should only be resorted to when the alleged activities of the individual pose a threat to public order, and alternative r....
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] and the requirement for the detaining authority to justify its....
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 main legal point established in the judgment is that the detention order based on the offences registered against the petitioner must have a nexus with the breach of maintenance of public order a....
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