The present petition challenges the detention order dated 06.01.2024 passed by the detaining authority under the Gujarat Prevention of Anti-Social Activities Act. The petitioner seeks relief from the State’s actions infringing on personal liberty. The case raises crucial questions about the interpretation of constitutional rights and due legal processes in the state of Gujarat.
Facts
- The present petition is challenging the detention order dated 06.01.2024 passed by the detaining authority.
- The order was passed under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985.
- The petitioner has been detained as per the Act’s provisions.
- The detention order is the subject of challenge in this petition.
Issue
- The issue in this case involved a substantial question of law concerning the interpretation of the Constitution of India.
- The matter concerned the application of a specific provision or order under the Constitution.
- The parties involved raised arguments that required a deeper analysis of constitutional principles.
- The decision on this issue would have a potential impact on future cases or legal interpretations.
Arguments
- The impugned order of detention is challenged as being solely based on the registration of two FIRs, which the petitioner – detenue argues does not fall within the purview of the definition under Section 2(c) of the Act.
- The advocate contends that the alleged illegal activities do not have a nexus with public order and are at most a breach of law and order.
- Apart from witness statements and FIRs, there is no other substantial evidence to show that the detenue’s activities constitute a breach of public order.
- It is argued that the detenue’s criminal cases have not significantly disturbed the social fabric or posed a threat to the normal existence of society, thereby not affecting public order.
- The learned APP for the respondent-State has supported the detention order passed by the detaining authority.
- Sufficient materials and evidence were found during the investigation and supplied to the petitioner – detenue.
- The detenue’s activities fall under Section 2(c) of the Act based on the evidence.
- The detaining authority has rightly passed the order of detention.
Analysis
- The detention order in question lacks sufficient material to prove the detainee is a threat to society or public order.
- The case shows a lack of careful consideration by the detaining authority.
- The offenses mentioned in the FIRs could be addressed through regular criminal proceedings.
- Authorities must consider the principles of Articles 21 and 22 of the Indian Constitution while issuing detention orders.
- Preventive detention should not be used as a means to keep someone in perpetual custody without trial.
- 1.1
- 1.11
- 1.15
- 1.2
- 1.2
- 1.22
- Simplicitor registration of FIR/s alone does not establish a nexus with the breach of maintenance of public order.
- Recourse under the Act cannot be taken solely based on FIR registration without other relevant material.
- Detaining authority must prove that the detention aligns with established legal procedures to uphold personal liberty under Article 21.
- Article 22 is an exception to Article 21 and should only apply in rare and exceptional cases.
Decision
- Petitioner-detainee to be set at liberty forthwith if not needed in another case.
- Rule made absolute to the above extent.
- The present petition is allowed.
- Impugned order of detention dated 06.01.2024 is quashed and set aside.
- Direct service is permitted.
Case Title: SANJAY @ CHANDO S/O GHUGHABHAI AHIR (KATARIYA) Vs. STATE OF GUJARAT
Case Number: R/SCA/876/2024
