In a significant ruling, the Gujarat High Court has quashed the detention order dated 12.11.2023 under the PASA Act in the case of a ‘bootlegger’. The judgment sheds light on the distinction between serious forms of disorder and minor breaches of peace required for preventive detention. Stay tuned to learn more about the impact of this decision on public order laws.
Analysis
- The petitioner challenged the detention order dated 12.11.2023 under the PASA Act as a ‘bootlegger’.
- The detaining authority relied on a case registered at Udhna Police Station for offences under the Prohibition Act.
- The term ‘bootlegger’ is defined in Section 2(b) of the PASA Act.
- Section 3 of the PASA Act deals with the power to detain certain persons.
- Distinction between serious/aggravated forms of disorder and minor breaches of peace drawn.
- Mere disturbance of law and order not sufficient for action under Preventive Detention Act.
- Disturbance must affect public order to fall under the Act.
- Registration under Prohibition Act alone does not indicate impact on public order.
- Contravention of law affects order, but for public order impact, it must affect community or public at large.
- Detaining authority failed to prove detenue’s activities adversely affect public order.
- The alleged offences by the petitioner may result in punishment, but they did not disrupt the community’s daily life or public health.
- Being a ‘bootlegger’ does not automatically warrant preventive detention under PASA Act unless the activities directly impact public order.
- Preventive detention under PASA Act requires a clear demonstration of adverse impact or potential adverse impact on public order by the detainee’s actions.
Decision
- The direct service is permitted in this case.
- The order of detention dated 12.11.2023 is quashed.
- The detenue is ordered to be set at liberty immediately, unless needed in another case.
- The rule is made absolute.
- The petition has succeeded and is allowed.
Case Title: AMIT @ SUNIL S/O DAYASHANKAR GUPTA THROUGH ABHISHEK DAYASHANKAR GUPTA Vs. STATE OF GUJARAT
Case Number: R/SCA/20182/2023
