ILESH J. VORA, VIMAL K. VYAS
Manoj @ Praksh @ Pakado Kanjibhai Matang Through Dinesh Kanjibhai Matang – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(Vimal K. Vyas, J.) :
1. The present petition is directed against the order of detention dated 02.04.2024 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’) by detaining the petitioner – detenue as defined under Section 2(b) of the Act.
2. Heard 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 65(a)(e), 116B, 81, 98(2) of the Prohibition Act; (ii) for the offences under Sections 65(a)(e), 116B, 81, 98(2) of the Prohibition Act; respectively; and that by itself cannot bring the case of the petitioner - detenue within the purview of definition under Section 2(b) of the Act. Learned advocate for the petitioner further submitted that the illegal activities likely alleged to have been carried out or likely to be
Mallada K. Sri Ram vs. The State of Telangana & Ors. 2022 6 SCALE 50
Dr. Ram Manohar Lohia vs. State of Bihar
Preventive detention cannot be justified solely on FIR registration; a clear threat to public order must be established.
Preventive detention requires a clear demonstration of a threat to public order, not merely the existence of criminal charges.
Preventive detention requires a clear connection to public order disturbance, not merely the existence of criminal charges.
Preventive detention requires a clear connection to public order disturbances, not merely the existence of criminal charges.
Preventive detention requires a clear link between alleged activities and a disturbance to public order, not merely the existence of criminal charges.
Preventive detention requires a clear connection to public order disturbance, not merely the existence of criminal charges.
Preventive detention requires a clear nexus to public order disturbances, not merely 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 criminal charges.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the registration of FIRs.
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