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ILESH J. VORA, S. V. PINTO
Gambhirsinh @ Pintu Manubhai Jadeja Through Parmar Ayendrasinh Pravinsinh – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
S.V. Pinto, J.
1. Rule returnable forthwith. Learned APP waives service of notice for and on behalf of respondent State.
2. The petitioner herein namely Gambhirsinh @ Pintu Manubhai Jadeja came to be preventively detained vide the detention order dated 09.11.2024 (Actually detained on 11.11.2024) passed by the District Magistrate, Surendranagar, as a “dangerous person” as defined under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985 (herein after referred as ‘the Act of 1985).
3. By way of this petition, the petitioner has challenged the legality and validity of the aforesaid order.
4. This Court has heard learned counsel Mr. Rohankumar Amin and Mr. L.B. Dabhi, learned Additional Public Prosecutor for the respective parties.
5. Learned advocate for the detenue submits that the grounds of detention has no nexus to the “public order”, but is a purely a matter of law and order, as registration of the offence cannot be said to have either affected adversely or likely to affect adverse the maintenance of public order as contemplated under the explanation sub-section (4) of Section 3 of the Act, 1985 and therefore, where the offences alleged to have been c
Preventive detention requires a clear nexus to public order; mere disturbances of law and order do not justify such action under the Act.
Preventive detention requires substantial evidence that activities affect public order, not merely law and order.
Preventive detention requires a clear link between alleged activities and public order; mere law and order issues do not suffice.
Preventive detention requires a clear link between alleged activities and public order; mere law and order issues do not suffice for detention under the Act.
Preventive detention under the Gujarat Prevention of Anti-social Activities Act requires a clear demonstration that the individual's actions adversely affect public order, not merely law and order.
Preventive detention under the Gujarat Prevention of Anti-social Activities Act requires a clear demonstration that the detainee's activities adversely affect public order, not merely law and order.
Preventive detention under the Gujarat Prevention of Anti-social Activities Act requires a clear link between the alleged activities and public order, not just law and order violations.
Preventive detention requires a clear link between the detainee's actions and a threat to public order, not merely law and order disturbances.
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