In a landmark judgment, the Gujarat High Court has nullified the detention order under the Gujarat Prevention of Anti-Social Activities Act. The case involved a challenge to the order of detention dated 25.01.2024, where the detaining authority’s decision was scrutinized. Stay tuned for more insights into the legal proceedings and the implications of this significant ruling.
Facts
- The present petition challenges the order of detention dated 25.01.2024
- The order was passed by the detaining authority under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985
- The petitioner has been detained as per the provisions of the Act
- The petition is directed against the detention order
Arguments
- The impugned order of detention is being challenged as it was solely based on the registration of two FIRs for offenses under the Prohibition Act.
- The petitioner’s advocate argues that this does not bring the petitioner within the definition under the Act.
- The illegal activities alleged do not have a nexus with the maintenance of public order but may constitute a breach of law and order.
- There is no substantial evidence apart from witness statements and the FIRs to show that the petitioner’s activities fall under the category of breach of public order.
- It is contended that the petitioner’s actions in the criminal cases did not disturb the social fabric or pose a threat to normal life.
- State supports detention order, citing sufficient evidence found during investigation.
- Detaining authority passed order based on evidence supplied to the detenue.
- Subjective satisfaction of detaining authority found to be not legal or valid.
- Offenses alleged in FIRs do not impact public order as required by the Act.
- Other relevant penal laws are sufficient to address the situation.
- Allegations against the detenue not relevant for Section 2(b) of the Act.
Analysis
- The numbers show an abuse of power in preventive detention
- Respondents are directed to review challenges to detention orders in various courts
- Over ten detention orders under Telangana Act of 1986 were revoked by the High Court
- Current case showcases lack of consideration by detaining authority
- The detenue does not fit the category under Section 2(b) of the Act
- The two FIRs against the detenu could be handled through normal criminal law
- Distinction between ‘law and order’ and ‘public order’ settled by Constitution Bench in the case of Dr. Ram Manohar Lohia vs. State of Bihar
- Every disorder does not meet the threshold of disturbance to public order unless it affects the community at large
- Detention orders under the Telangana Act of 1986 quashed due to incorrect application of standards for maintenance of public order
- Personal liberty of an accused should not be sacrificed on preventive detention grounds
- Powers of preventive detention are exceptional and even draconian
- The expression ‘public order’ does not encompass every kind of disorder, must specifically affect community or public at large
- Law and order represents the largest circle, within which is public order, then security of the State
- Detention under Rule 30 of the Defence of India Rules permits apprehension of a person likely to act prejudicial to maintenance of public order
- Detaining individuals disturbing public order must be distinguished from maintaining law and order
- Here is a case of detention under Rule 30 where preventing public disorder is the apprehended result
- A distinction must be made between serious and aggravated forms of disorder affecting the community and minor breaches of peace with local significance.
- Actions under the Preventive Detention Act are for cases where there is a significant impact on public order, not just law and order disturbances.
- Mere registration of FIRs does not necessarily indicate a breach of public order.
Decision
- The petitioner-detainee is ordered to be released immediately, unless needed in another case.
- Direct service is allowed.
- No further action can be taken under the Act as no other relevant evidence exists.
- The petition is granted, and the detention order dated 25.01.2024 is annulled.
Case Title: SHAILASH S/O MANSUKHBHAI LAD Vs. STATE OF GUJARAT
Case Number: R/SCA/3594/2024
