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HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE ILESH J. VORA, HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK, JJ
PRAVINKUMAR BHAVARLAL BISHNOI THRU DIPEN KAUSHIKBHAI SONI – Appellant
Versus
POLICE COMMISSIONER AHMEDABAD CITY – Respondent
| Table of Content |
|---|
| 1. preventive detention of petitioner (Para 1 , 5) |
| 2. challenge to detention order (Para 2 , 3) |
| 3. nexus to public order (Para 4) |
| 4. sustainability of detention order (Para 6) |
| 5. reference to criminal case (Para 7 , 8) |
| 6. petition allowed (Para 9 , 10) |
JUDGMENT :
1. The petitioner herein namely Pravinkumar Bhavarlal Bishnoi came to be preventively detained vide the detention order dated 05.01.2025 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 Mr.Sanjay Prajapati learned counsel for the petitioner and Ms.Vrunda Shah, learned APP 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 o
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 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 connection between alleged activities and public order; mere law and order issues do not justify detention under the Act.
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 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 link to public order; mere disturbances of law and order do not justify detention under the Act.
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