ILESH J. VORA, VIMAL K. VYAS
Karan S/O Raju Tirmale (Mahajan) – 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 08.01.2024 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 323, 427, 504, 506(2), 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act; (ii) for the offences under Section 504 of the Indian Penal Code and under Section 135 of the Gujarat Police Act; and (iii) for the offences under Sections 454, 457, 380, 114 of the Indian Penal Code, respectively, and that by itself cannot bring
Dr.Ram Manohar Lohia vs. State of Bihar
K.Nageswara Naidu vs. Collector and District Magistrate, Kadapa
Mallada K. Sri Ram vs. The State of Telangana & Ors. 2022 6 SCALE 50
Mallada K. Sri Ram vs. The State of Telangana, reported in (2023)13 SCC 537
Munagala Yadamma v. State of Andhra Pradesh and Ors.
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 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 the existence 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 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 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 cannot be justified solely on the basis of FIRs; there must be a demonstrable threat to public order.
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