HIGH COURT OF GUJARAT
ILESH J. VORA, HEMANT M. PRACHCHHAK
Nilesh @ Dodo Dineshbhai Patni Thro Sangitaben Dineshbhai Patni – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
ILESH J. VORA, J.
1. The petitioner herein namely Nilesh @ Dodo Dineshbhai Patni came to be preventively detained vide the detention order dated 28.11.2024 passed by the Police Commissioner, Ahmedabad, as a “dangerous person” as defined underSection 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. M. M. Shaikh and Mr. Jay Mehta, 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-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 prejudicial only to th
Preventive detention under the Gujarat Prevention of Anti-social Activities Act requires evidence that activities affect public order, not just law and order.
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 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 the detainee's actions and a threat to public order, not merely law and order disturbances.
Preventive detention requires a clear link to public order; mere law and order issues do not suffice for detention under the Gujarat Prevention of Anti-social Activities Act.
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 a clear nexus to public order; mere law and order violations do not suffice.
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.
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