ILESH J. VORA, VIMAL K. VYAS
Niki @Jinaka @Nikhil S/o Amar Yadav – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE VIMAL K. VYAS)
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 two FIRs; (i) for the offences under Sections 324, 323, 427, 504, 506(2), 143, 144, 147, 148, 149 of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act; and (ii) for the offences under Sections 324, 294B, 506(2) of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act, respectively, and that by itself cannot bring the case of the petitioner - detenue w
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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 clear and direct impact on public order.
Preventive detention must demonstrate a clear threat to public order, not merely rely on criminal charges or FIRs.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the registration of FIRs.
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 demonstrate a clear threat to public order, not merely rely on criminal charges or FIRs.
Preventive detention must demonstrate a clear threat to public order, not merely rely on criminal charges.
Preventive detention must demonstrate a clear threat to public order, not merely rely on criminal charges or FIRs.
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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