ILESH J. VORA, VIMAL K. VYAS
Khurshid @ Raju, S/o. Abdul Rashid Khan – 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 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 for the offence under Section 379 of the Indian Penal Code, respectively, and that by itself cannot bring the case of the petitioner - detenue within the purview of definition under Section 2(c) of the Act. Learned advocate for the petitioner – detenue further submitted that the illegal activities alleged to have been carried out or likely to be carried out, as alleged, cannot have any nexus or bearing
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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 must be justified by a clear threat to public order, not merely by 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 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 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.
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 the existence of FIRs.
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