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HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE ILESH J. VORA, HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK, JJ
SONU @ SUSHIL NARENDRASINH RAMVARANSINH KATHERIYA THROUGH KIRANKUMARI NARENDRASINH KATHERIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. detention order challenged (Para 1 , 2 , 3 , 5 , 7) |
| 2. grounds of detention nexus (Para 4) |
| 3. issue arise as to whether (Para 6) |
| 4. subjective satisfaction arrived (Para 8 , 9) |
| 5. petition stands allowed (Para 10) |
JUDGMENT :
1. The petitioner herein namely Sonu @ Sushil Narendrasinh Ramvaransinh Katheriya came to be preventively detained vide the detention order dated 27.12.2024 passed by the Police Commissioner, Ahmedabad, 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).
3. This Court has heard learned counsel Mr. Dineshkumar Gautam and Ms. Maithili Mehta, learned Additional Public Prosecutor for the respondent-State.
5. On the other hand, learned State Counsel opposing the application contended that, the detenue is habitual offender and his activities affected at the society at large. In such set of circumstances, the Detaining Authority, considering the antecedents and past activities of the detenue, has passed the impugned order with a view to preventing him from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad.
7. The ord
Preventive detention requires a clear demonstration that the detainee's actions adversely affect public order, not merely law and order.
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 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 requires a clear connection between alleged activities and public order; mere law and order issues do not justify detention under the 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 impact on public order, not merely law and order disturbances, to be legally justified.
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 the activities of the individual must adversely affect public order, not merely law and order.
Preventive detention requires a clear link to public order; mere disturbances of law and order do not justify detention under the Act.
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