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HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
ROHAN@FAIJAN@GOLI YUNUSBHAI ALLARAKHKHABHAI SHAIKH THRO AFSANA YUNUSBHAI SHAIKH – Appellant
Versus
STATE OF GUJARAT – Respondent
Headnote: Read headnote
ORDER :
ILESH J. VORA, J.
1. The petitioner herein namely Rohan @ Faijan @ Goli Yunusbhai Allarakhkhhabhai Shaikh came to be preventively detained vide the detention order dated 12.03.2025 passed by the Police Commissioner, Ahmedabad, 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).
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. Rafik Lokhandwala and Mr. Tithraj Pandya, learned Additional Public Prosecutor for the respective parties.
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 adverse the maintenance of public order as contemplated under the explanation sub-sectio
Preventive detention under the Gujarat Prevention of Anti-Social Activities Act requires a nexus to public order, not merely law and order violations.
Preventive detention requires clear evidence that an individual's activities adversely affect public order, not just law and order.
Preventive detention requires a clear nexus to public order; mere law and order issues do not justify detention under the Act.
Preventive detention requires a clear nexus to public order; mere law and order issues do not suffice for detention under the Act.
Preventive detention requires a clear nexus to public order; mere law and order disturbances do not suffice for detention under the Act.
Preventive detention requires that the activities of the individual adversely affect public order, not merely law and order.
Preventive detention requires a clear nexus to public order, not merely law and order disturbances, to be lawful.
Preventive detention requires a clear nexus to public order; mere law and order violations do not suffice.
Preventive detention requires a clear demonstration that the individual's activities adversely affect public order, not merely law and order.
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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