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HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE ILESH J. VORA, HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK, JJ
MOMIN TOFIR AHEMAD DAUDBHAI (TOFIR AHEMAD DAUDBHAI) – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. Today learned Counsel for the applicant moves a draft amendment dated 20.1.2025 and requests to grant the same.
2. The draft amendment dated 20.1.2025 moved by learned Counsel for the applicant is hereby allowed. Amendment to be carried out forthwith.
3. The petitioner herein came to be preventively detained vide the detention order dated 17.12.2024 passed by the Police Commissioner, Ahmedabad 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).
4. By way of this petition, the petitioner has challenged the legality and validity of the aforesaid order.
5. This Court has heard learned counsel Mr. Mahadweep Apurva and Ms. Maithili Mehta, learned Additional Public Prosecutor for the respondent State.
6. 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 Sect
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 alleged activities and public order; mere law and order issues do not suffice for detention under the Act.
Preventive detention requires activities to adversely affect public order, not merely law and order, for legal validity.
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 requires evidence that activities affect public order, not merely law and order; mere disturbances do not justify detention under the Act.
Preventive detention requires substantial evidence that activities affect public order, not merely law and order.
Preventive detention requires a clear link to public order; mere law and order issues do not suffice for detention under the Gujarat Prevention of Anti-social Activities Act.
Preventive detention requires a clear nexus to public order; mere law and order violations do not suffice.
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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