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A. Y. KOGJE, SAMIR J. DAVE
Ranjitbhai @ Kela S/o Vijaykumar Harijan – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This petition under Article 226 of the Constitution of India is filed with prayers as under:
(B) Your Lordship please to be pending admission and final disposal of this petition, the Honorable Court may further be pleased to release the detenue from detention, and
(C) Your Lordship please to be grant any other relief or pass any other order, which the Honorable Court may consider just and proper in the facts and circumstances of the case and in the interest of justice.”
2. The present petition is directed against order of detention dated 14-09-2023 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.
3. Essentially challenge is made to the order of detention dated 14.09.2023 by the Police Commissioner, Surat detaining the petitioner as ‘Dangero
The main legal point established is the requirement of a live and proximate link between the prejudicial activities and the purpose of detention, and the need for prompt action in passing the detenti....
Unreasonable delay in passing the detention order, reliance on stale offences, and failure to consider subsequent developments in previous detention orders vitiates the subjective satisfaction of the....
The detaining authority must act with urgency and provide a satisfactory explanation for any delay in passing a detention order. The registration of FIRs alone cannot establish a nexus with the breac....
Unreasonable delay in passing a detention order and the supply of illegible documents vitiates the detention order, and the detenu has the right to make an effective representation.
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 delay in passing the order of detention and failure to consider the option of resorting to cancellation of bail vitiates the detention order.
The detention order can be quashed if the offenses do not disturb public order, and the delay in passing the order is fatal.
The detention order must be in accordance with the law and based on a genuine threat to public order. The failure to consider alternative measures, such as cancelling bail, and the delay in passing t....
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.
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