Back
A. Y. KOGJE, SAMIR J. DAVE
Amit @ Palit Baldevbhai Chauhan – Appellant
Versus
Commissioner Of Police Ahmedabad City – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This petition is filed under Article 226 of the Constitution of India for following reliefs:
(B) Your Lordships be pleased to issue a writ of mandamus or any other appropriate writ, directions and order quashing and setting aside the impugned order of detention dtd 04.10.2023, passed by the respondent no.1 at Annexure- “A” herein, and further your Lordships be pleased to issue a writ of habeas corpus or any other appropriate writ, directing the respondent authority to release the petitioner detainee forthwith from detention;
(C) XXXX
(D) XXXX
(E) XXXX
2. The challenge is to the impugned order of detention dated 04.10.2023 where detaining authority- Commissioner of Police, Ahmedabad City has detained the petitioner as a dangerous person relying upon two offences registered with Amraiwadi Police Station.
3. Learned advocate for the petitioner has challenged the order on the ground that the offences relied upon by the detaining authority are arising out of private dispute, and therefore, there is no element of breach of public order.
4. Learned advocate has submitted that the detaining authority
The registration of FIRs alone does not establish a nexus with the breach of public order, and the detaining authority must consider the lesser drastic remedy of cancellation of bail before passing a....
The need for a live link between offences to justify detention as a dangerous person under PASA and the requirement of disturbance to public order in the nature of the offences.
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 detaining authority must differentiate between offences affecting 'public order' and 'law and order' when issuing a detention order.
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 ....
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 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 registration of FIRs alone cannot justify invoking power under section 3(2) of the Preventive Detention Act, and the detaining authority m....
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
