ILESH J. VORA, VIMAL K. VYAS
Jagdish @ Shambhu S/O Kiranbhai Wagh – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
VIMAL K. VYAS, J.
1. The present petition is directed against the order of detention dated 06.01.2024 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 APP 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 three FIRs; (i) for the offences under Sections 143, 147, 148, 149, 427, 504, 506(2), 120B, 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act; and (ii) for the offences under Sections 384, 323, 504, 506(2), 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act; and (iii) for the offences under Sections 323, 504, 506(2), 114 of the Indian Penal Code and under Section 135
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Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the registration of FIRs.
Preventive detention cannot be justified solely on the basis of FIRs; there must be a demonstrable 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.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on criminal charges.
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 FIRs; there must be a demonstrable threat to public order.
Preventive detention must be based on a clear threat to public order, not merely on the registration of FIRs.
Preventive detention cannot be justified solely on the basis of FIRs; 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.
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