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HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
Anilbhai Popatbhai Rathva Through Rathva Kalpeshbhai Bhalsinhbhai – Appellant
Versus
State Of Gujarat – Respondent
Headnote: Read headnote
ORDER :
ILESH J. VORA, J.
1. The petitioner herein namely Anilbhai Popatbhai Rathva came to be preventively detained vide the detention order dated 12.03.2025 (16.03.2025) passed by the District Magistrate, Panchmahal - Godhra, 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. G.C. Trivedi and Mr. Utkarsh Sharma, 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 li
Preventive detention requires a clear nexus to 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 nexus to public order, not merely law and order disturbances.
Preventive detention cannot be justified solely on allegations that do not demonstrate a clear threat to public order, distinguishing it from mere law and order issues.
Preventive detention under the Gujarat Prevention of Anti-social Activities Act requires a clear connection to public order, not merely law and order.
Preventive detention requires a clear nexus between alleged activities and public order; mere law and order disturbances are insufficient.
Preventive detention under the Gujarat Prevention of Anti-social Activities Act requires that activities adversely affect public order, not merely law and order.
Preventive detention requires a clear nexus to public order; mere law and order violations do not justify such detention under the Act.
Preventive detention under the Gujarat Act requires activities to 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 requires clear evidence that a person's activities adversely affect public order, not just law and order.
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