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ILESH J. VORA, S. V. PINTO
Nafis Ali @ Akramali S/O Hasim Ali Shaikh Through Hasim Ali Imam Ali Shaikh – Appellant
Versus
Police Commissioner Surat City – Respondent
JUDGMENT :
ILESH J. VORA, J.
Rule. Learned APP waives service of notice of Rule on behalf of the respondents. By consent, Rule is fixed forthwith.
1. The present petition is directed against the order of detention dated 06.11.2024 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(ha) of the Act.
2. Heard the learned advocate appearing for the petitioner – detenue and learned AGP 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 one FIR for the offences under Sections 108, 77, 115(2), 351(3), 352, 54 of BNS and S.66(E) and 67 of IT Act dated 23.08.2024 with Jahangirpura Police Station, and that by itself cannot bring the case of the petitioner - detenue within the purview of definition under Section 2(ha) of the Act. Learned advo
Preventive detention requires clear evidence of a threat to public order, not merely the existence of FIRs; such orders cannot substitute for ordinary law enforcement.
Preventive detention requires substantial evidence linking the detainee's actions to a threat to public order, not merely the registration of FIRs.
Preventive detention requires clear evidence of a threat to public order, not merely the existence of criminal charges, to justify the detention.
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 registration of FIRs.
Preventive detention under the Gujarat Act requires a clear nexus to public order disturbance, not merely the existence of criminal charges.
Preventive detention must demonstrate a clear threat to public order, not merely rely on the existence of criminal charges.
Preventive detention must demonstrate a clear threat to public order, not merely rely on criminal charges.
Preventive detention cannot be justified solely on the basis of FIRs; there must be a clear and present danger to public order.
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