Numerous Preventive Detention Orders Passed Day In & Day Out Relying On “Stale Material”: Gujarat High Court Grants Relief To NDPS Accused
Case: Jerambhai Premjibhai Chauhan (Koli) Through Bhagwanjibhai Premjibhai Chauhan (Koli) V/S State Of Gujarat
Coram: Justice SH Vora and Justice Rajendra Sareen
Case No.: C/SCA/10226/2022
Court Observation: “Simplicitor registration of FIR/s by itself cannot have any nexus with the breach of maintenance of public order and the authority cannot have recourse under the Act…without drawing distinction between “law and order” problem and “public order” problem as mentioned under the PASA Act.”
“No need to say when a citizen is deprived of his personal liberty by keeping him behind the bar under the provisions of the PASA law without trial by the competent court, the detaining authority is required under the law to justify its action and in absence of reply/counter affidavit, the averments made in the petition remain unchallenged and uncontroverted.”
“In this connection we must draw a line of demarcation between serious and aggravated forms of disorder which directly affect the community or injure the public interest and the relatively minor breaches of peace of a purely local significance which primarily injure specific individuals and only in a secondary sense public interest. A mere disturbance of law and order leading to disorder is thus not necessarily sufficient for action under the Preventive Detention Act but a disturbance which will affect public order comes within the scope of the Act.”
Previous Posts
Clause Every Effort To Arbitrate; Must Be Referred To Arbitration: Calcutta High Court
Keywords
Numerous Preventive Detention, Stale Material, NDPS Accused
