ILESH J. VORA, VIMAL K. VYAS
TARBEZ ALIAS RAJU MUJAALDALAM SHEIKH – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
VIMAL K. VYAS, J.
1. The present petition is directed against the order of detention dated 23.12.2023 passed by the respondent-detaining authority in exercise of powers conferred under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short ‘the Act’) whereby the respondent-detaining authority has detained the petitioner-detenue as defined under Section 2(c) of the Act.
2. Heard the learned advocate appearing for the petitioner-detenue and learned AGP appearing for the respondent-State.
3. Learned advocate for the petitioner-detenue submits that the impugned order of detention is required to be quashed and set-aside since the detaining authority has passed the order of detention solely on the ground of registration of four FIRs; (i) for the offences under Sections 380, 454, 457, 411 of the Indian Penal Code; (ii) for the offences under Sections 380 and 457 of the Indian Penal Code; (iii) for the offences under Section 379 of the Indian Penal Code and (iv) for the offences under Sections 380, 454, 457, 411 of the Indian Penal Code, respectively, and that by itself cannot bring the case of the petitioner-detenue within the purview of definition un
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Preventive detention cannot be justified solely on the basis of FIRs; there must be a clear and direct impact on public order.
Preventive detention cannot be justified solely on the basis of FIRs; there must be a clear connection to a disturbance of public order.
Preventive detention cannot be justified solely on the basis of FIRs; there must be a clear connection to a disturbance of public order.
Preventive detention cannot be justified solely on the basis of FIRs; there must be a clear and direct impact on public order.
Preventive detention cannot be justified solely on the basis of FIRs; there must be a clear and direct impact on public order.
Preventive detention cannot be justified solely on the basis of FIRs; there must be a clear and direct impact on public order.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
Preventive detention cannot be justified solely on the basis of FIR registrations; there must be substantial evidence of a threat to public order.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
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