Back
HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
MUKESHBHAI MAFATBHAI PADHIYAR THROUGH KANTABEN MAFATBHAI PADHIYAR – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. detention order details (Para 1 , 2 , 3) |
| 2. grounds of detention (Para 4) |
| 3. state counsel's contention (Para 5) |
| 4. sustainability of detention order (Para 6) |
| 5. criminal cases referenced (Para 7) |
| 6. subjective satisfaction (Para 8) |
| 7. failure to substantiate (Para 9) |
| 8. petition allowed (Para 10) |
ORDER :
ILESH J. VORA, J.
1. The petitioner herein namely Mukeshbhai Mafatbhai Padhiyar came to be preventively detained vide the detention order dated 14.02.2025 passed by the District Magistrate, Anand, as a bootlegger as defined under Section 2(b) of the Gujarat Prevention of Anti-social Activities Act, 1985 (herein after referred as ‘the Act of 1985).
2. By way of this petition, the petitioner has challenged the legality and validity of the aforesaid order.
3. This Court has heard Mr.Yunus Malek learned counsel for the petitioner and Ms.C.M. Shah learned APP for the respondent-State.
4. 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 cont
Preventive detention requires a clear demonstration that activities adversely affect public order, not merely law and order.
Preventive detention requires a clear nexus to public order, not merely law and order; insufficient evidence leads to quashing of detention orders.
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 requires that activities must adversely affect public order, not just law and order, to justify detention under the Gujarat Prevention of Anti-social Activities Act.
Preventive detention under the Gujarat Prevention of Anti-social Activities Act requires that the detainee's activities must adversely affect public order, not merely law and order.
Preventive detention requires a clear demonstration that activities adversely affect public order, not merely law and order.
Preventive detention requires a clear connection between alleged activities and public order; mere law and order issues do not justify detention under the Act.
Preventive detention requires that activities must adversely affect public order, not merely law and order, for the detention to be valid.
Preventive detention requires a clear demonstration that the detainee's actions adversely affect public order, not merely law and order.
Preventive detention requires a clear impact on public order, not merely law and order disturbances, to be legally justified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
