A. Y. KOGJE, SAMIR J. DAVE
Ajay Alias Bhajji S/O Bhavrav Ambekar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
SAMIR J. DAVE, J.
1. Heard learned advocates appearing for the respective parties.
2. The present petition is directed against order of detention dated 04.10.2023 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.
3. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of the two offence under Sections 323, 504, 506(2), 143, 147, 148, 149, 427, 120(B) and 114 of the IPC by itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the in
Pushker Mukherjee v/s. State of West Bengal
The main legal point established in the judgment is that the registration of FIRs alone does not necessarily establish a breach of public order as required under the Gujarat Prevention of Anti Social....
The main legal point established in the judgment is that the detention order under the Gujarat Prevention of Anti Social Activities Act, 1985 must be based on activities that meet the criteria for di....
The delay in passing a detention order and the lack of a live and proximate link between the prejudicial activities and the purpose of detention render the detention order invalid. Mere registration ....
The judgment establishes the importance of differentiating between 'law and order' and 'public order' and emphasizes the requirement of sufficient material to invoke power under preventive detention ....
The main legal point established in the judgment is that the registration of FIRs alone did not have any nexus with the breach of maintenance of public order, and no other relevant and cogent materia....
The detention under the Gujarat Prevention of Anti Social Activities Act, 1985 requires a nexus between the alleged activity and the breach of public order, and the detaining authority must undertake....
The detention under the Act requires a clear nexus between the alleged activities and the maintenance of public order, as defined by the Act and relevant penal laws.
The judgment emphasizes the requirement for a meaningful exercise and subjective satisfaction by the detaining authority in reaching a detention decision, and the need for a clear nexus between the d....
The main legal point established in the judgment is that mere registration of FIRs does not necessarily constitute a threat to public order as required under the Gujarat Prevention of Anti Social Act....
The judgment emphasizes the requirement for a clear nexus between the detenue's activities and the breach of public order to justify preventive detention under the Act.
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