ILESH J. VORA, VIMAL K. VYAS
Fazalahemad Faridahemad Munnabhai Shekh Thru Sharifaben Faridahmed Shekh – Appellant
Versus
Commissioner Of Police, Ahmedabad City – 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 three FIRs; (i) for the offences under Sections 307, 323, 143, 144, 149, of the Indian Penal Code (Old), and under Section 24(1- b)A, 27 of the Arms Act and under Section 135(1) of the Gujarat Police Act; (ii) for the offences under Sections 143, 147, 148, 149, 294B, 506(2), 435, 114 of the Indian Penal Code (Old) and under Section 135(1) of the Gujarat Police Act; (iii) for the offences under Sections 143, 144, 1
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Preventive detention requires a clear nexus to public order disturbance, not merely 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 the existence of 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 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.
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 demonstrable threat to public order.
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