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A. Y. KOGJE, SAMIR J. DAVE
Kishanbhai Dhanabhai Rathod – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This petition under Article 226 of the Constitution of India is inter alia filed for following prayer:-
2. The present petition is directed against order of detention dated 20.09.2023 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. Under the order of detention dated 20.09.2023 passed by the Commissioner of Police, City Ahmedabad by which the petitioner has been detained as a ‘dangerous person’ based on three IPC offenses registered with different Police Station.
3. Learned advocate for the petitioner submitted that the petitioner has challenged the order of detention on the ground that there is a delay of approximately two months in passing the ord
The detention order can be quashed if the offenses do not disturb public order, and the delay in passing the order is fatal.
The main legal point established in the judgment is that the detention under the Gujarat Prevention of Anti Social Activities Act, 1985 requires a nexus with the breach of public order, and the failu....
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 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....
The central legal point established in the judgment is that preventive detention should be considered only when there is a clear nexus with the breach of maintenance of public order, and alternative ....
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 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....
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