HIGH COURT OF GUJARAT
ILESH J. VORA, HEMANT M. PRACHCHHAK, JJ
PANKAJ @ SARKAR RAJUBHAI KANAIYALAL BHAVSAR THRO RAJUBHAI KANAIYALAL BHAVSAR – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. detention order challenged (Para 1 , 2 , 3 , 5) |
| 2. grounds of detention (Para 4) |
| 3. sustainability of detention order (Para 6) |
| 4. criminal cases referenced (Para 7) |
| 5. subjective satisfaction (Para 8 , 9) |
| 6. petition allowed (Para 10) |
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. The petitioner herein namely Pankaj @ Sarkar Rajubhai Kanaiyalal Bhavsar 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 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 Mr.Aditya Pancholi learned counsel for the petitioner and Ms.Monali Bhatt, learned APP 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 adverse the maintenance of public order as
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