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A.J. SHASTRI, J
SUKHDEVSINGH KIRTARSINGH JATT – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. challenge to detention order under relevant act. (Para 2) |
| 2. arguments regarding insufficiency of evidence. (Para 3 , 4) |
| 3. court's observations on preventive versus punitive detention. (Para 5 , 6 , 7) |
| 4. legal standards for assessing public order. (Para 8 , 9 , 10 , 11) |
| 5. final ruling quashing the detention order. (Para 12 , 13 , 14) |
ORAL JUDGMENT
1. Heard learned advocates appearing for the respective parties.
2. The present petition is directed against order
7.4.2018 of detention dated passed by the respondent – detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short “the Act”) by detaining the petitioner – detenue as defined under section 2(c) of the Act.
3. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of three offences under Sections 379, and 114 of the Indian Penal Code by itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to b
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