HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
GUDDU @ GULAB KHATRI S/O RAMKARAN PANDEY THRO PAYAL GUDDU PANDEY – 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 opposition (Para 5) |
| 4. sustainability of detention order (Para 6) |
| 5. criminal cases referenced (Para 7) |
| 6. subjective satisfaction (Para 8 , 9) |
| 7. petition allowed (Para 10) |
ORDER :
1. The petitioner herein namely Guddu @ Gulab Khatri son of Ramkaran Pandey came to be preventively detained vide the detention order dated 13.02.2025 passed by the Police Commissioner, Surat, 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).
3. This Court has heard learned counsel Mr. A. B. Chauhan and Mr. Jay Mehta, learned Additional Public Prosecutor for the respective parties.
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 ord
Preventive detention requires a clear link between alleged activities and public order; mere law and order issues do not suffice.
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 that the activities of the individual must affect public order, not merely law and order, to justify detention under the Act.
Preventive detention requires a clear link between alleged activities and public order; mere law and order issues do not suffice.
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 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.
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 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 a clear link to public order; mere law and order issues do not justify detention under the Act.
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