Lawstreet Journal

When Other Criminal Laws Are Sufficient To Deal With The Situation, Preventive Detention Is Not An Option: Gujarat High Court

Lawstreet Journal 22 Mar 2022 8:51pm

Image courtesy: Lawstreet Journal Judiciary When Other Criminal Laws Are Sufficient To Deal With The Situation, Preventive Detention Is Not An Option: Gujarat High Court

The Bench, led by Justice Rajendra Sareen, was considering a special civil suit challenging the Petitioner's detention order issued in December 2021 under Section 3(2) of Gujarat Prevention of Anti-Social  Activities Act , 1985 .

The issue involved in this case is that Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?

 Justice Mr. Rajendra M. Sareen Observed that 

“Unless and until, the material is there to make out a case that the person has become a threat and menace to the Society so as to disturb the whole tempo of the society and that all social apparatus is in peril disturbing public order at the instance of such person, it cannot be said that the detenue is a person within the meaning of section 2(b) of  Gujarat Prevention of Anti-Social  Activities Act , 1985  Except general statements, there is no material on record which shows that the detenue is acting in such a manner, which is dangerous to the public order.”

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 the solitary offence/s under Sections 65-AE, 116-B 98(2) and 81 of the Prohibition Act by itself cannot bring the case of the detenue within the purview of definition under section 2(b) of the Act.

Furthermore, learned advocate for the detenue submits that illegal activity likely to… Continue Reading...


Tagged: Gujarat High Court  
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