HIGH COURT OF GUJARAT
ILESH J. VORA, HEMANT M. PRACHCHHAK, JJ
SATISHBHAI NATVARBHAI @ NATUBHAI VASAVA THRO NATVARBHAI TALSIBHAI VASAVA – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. The petitioner herein namely Satishbhai Natvarbhai @ Natubhai Vasava came to be preventively detained vide the detention order dated 24.12.2024 passed by the District Magistrate, Narmada - Rajpipla, 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).
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. Munjal Acharya 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 of 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 t
Preventive detention requires substantial evidence that activities affect public order, not merely law and order, as established in prior case law.
Preventive detention requires a clear demonstration that 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.
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 a clear link to public order; mere disturbances of law and order do not justify detention under the Act.
Preventive detention requires that the activities of the individual must 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.
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