Preventive Detention Not Tenable When Other Penal Laws Sufficient to Deal with the Situation: Gujarat High Court

Preventive Detention Not Tenable When Other Penal Laws Sufficient to Deal with the Situation

Case: Dilip Bhavanishankar Yadav Versus State Of Gujarat

Coram: Justice Rajendra Sareen

Case No.: C/SCA/19820/2021

Court Observation: “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 the Gujarat Prevention of Anti Social Activities Act, 1985”

“When two people quarrel and fight and assault each other inside a house or in a street, it may be said that there is disorder but not public disorder…The contravention of any law always affects order but before it can be said to affect public order, it must affect the community or the public at large. 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.”

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