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A. Y. KOGJE, SAMIR J. DAVE
Gurpritsing Satnamsing Bajwa – Appellant
Versus
Police Commissioner, Vadodara – 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.1 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-1-111960092 |
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 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.
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 alleged offenses must have a bearing on public order as required under the Act, and the ordinary law should be considered sufficient to prevent further offenses before resorting to preventive det....
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 the detention order under the Gujarat Prevention of Anti-Social Activities Act, 1985 must be in accordance with the requirement of public orde....
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 contravention of any law must affect the community or the public at large to be considered a breach of public order, and the detaining authority must promptly consider alternatives such as cancel....
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 ....
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