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HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE ILESH J. VORA, HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK, JJ
KUNDANKUMAR S/O RAKESHBHAI THAKUR THROUGH SULEKHA DEVI RAKESH THAKUR – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. The petitioner herein namely Kundankumar S/o Rakeshbhai Thakur came to be preventively detained vide the detention order dated 31.12.2024 passed by the Police Commissioner, Surat, as a “Sexual Offender” as defined under Section 2(ha) 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 learned counsel Mr. Arjunsingh Chauhan and Ms. Vrunda C. Shah, learned Additional Public Prosecutor 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 adversely the maintenance of public order as contemplated under the explanation sub-section (4) of Section 3 of the Act, 1985 and therefore, where the offences alleged to have been committed by the detunue have no bearing on the question of maintenance of public order and his activities could be said to be a prej
Preventive detention requires a clear nexus to public order; mere registration of offences does not suffice.
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 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 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.
Preventive detention requires a clear link between alleged activities and public order; mere law and order issues do not suffice.
Preventive detention requires activities to adversely affect public order, not merely law and order, for legal validity.
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 that the activities of the individual must affect public order, not merely law and order, to justify detention under the Act.
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