Mere Registration Of FIRs Can’t Have Nexus With Breach Of Maintenance Of ‘Public Order’: Gujarat High Court Quashes Preventive Detention

Case: Dharmesh @ Dhamo Ashokbhai Rana v. State of Gujarat

Coram: Justice S.H. Vora and Justice Rajendra M. Sareen

Case No.: R/Special Civil Application No. 20195 of 2022

Court Observation: “Other relevant penal laws are sufficient enough to take care of the situation and the allegations as have been levelled against the detenue cannot be said to be germane for the purpose of bringing the detenue within the meaning of section 2(ha) of the Act. 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(ha) of the Act”

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Keywords

Mere Registration Of FIRs, Breach Of Maintenance, Public Order, Quashes Preventive Detention, Gujarat High Court