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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.SUPEHIA, DIVYESH A.JOSHI
Prince Deshraj Chaudhary – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. detention order under the act (Para 1 , 2) |
| 2. arguments against and in support of detention (Para 3 , 4) |
| 3. subjective satisfaction requirement (Para 5) |
| 4. distinction between law and order versus public order (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 5. order quashing detention (Para 13) |
JUDGMENT :
A.S. SUPEHIA, J.
1. Heard the learned advocates appearing for the respective parties.
2. The present petition is directed against the order of detention dated 14.03.2023 passed by the respondent – detaining authority in exercise of powers conferred under section 3(1) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short “the Act”) by detaining the petitioner–detenu as defined under section 2(c) of the Act.
3. Mr. D.D. Gautam, learned advocate for the detenu submitted that the impugned order of detention of the detenu requires to be quashed and set aside because the detaining authority has passed order of detention solely on the ground of registration of four FIRs, first for the offence under Sections 3 54 and 506(2) of the INDIAN PENAL CODE ; second for the offence under Sections 3 23, 326, 294(B) and 114 of the INDIAN PENAL CODE and Section 135 of the Gujarat Pol
Preventive detention requires a clear nexus to public order disruption, which was not met in this case, leading to the quashing of the detention order.
The detention order under the Gujarat Prevention of Anti Social Activities Act, 1985 must be based on a clear nexus with the maintenance of public order, and the detaining authority must consider vit....
The detention under the Act must be based on material connecting the detenue's activities to a threat to public order, and the detaining authority must consider vital facts, including the detenue's b....
The detention under the Act should be based on a proper assessment of the impact on public order, and the detaining authority must consider all relevant facts, including the detenue's bail status.
Preventive detention should only be used in rare and exceptional cases where the activities of the detainee affect public order, and vital facts that could influence the detaining authority's decisio....
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