ILESH J. VORA, VIMAL K. VYAS
HIMANSHU @ AAKSHAY SATYENDRABHAI RATHOD – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
VIMAL K. VYAS, J.
1. The present petition is directed against the order of detention dated 25.04.2024 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’) 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, 294B of the Indian Penal Code (Old), and under Section 135(1) of the Gujarat Police Act; (ii) for the offences under Sections 324, 323, 294B, 506(2), 114 of the Indian Penal Code (Old) and under Section 135(1) of the Gujarat Police Act; respectively, and that by itself cannot bring the case of the petitioner-detenue within the purview of definition under Section 2(c) of the Ac
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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 clear and direct impact on public order.
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.
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 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.
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