Registration of FIR by Itself Can’t Have Any Nexus with Breach of Maintenance of Public Order
Case: Mohsinkhan Muso Murajkhan v. Directorate General Of Police
Coram: Justice A. P. Thaker
Case No.: R/Special Civil Application No. 18956 Of 2021
Court Observation: “…the subjective satisfaction arrived at by the detaining authority cannot be said to be legal, valid and in accordance with law, inasmuch as the offences alleged in the FIR cannot have any baring on the public order as required under the Act and other relevant penal laws are sufficient enough to take care of the situation and that the allegations as have been levelled against the detenu cannot be said to be germane for the purpose of bringing the detenu within the meaning of section 3(1) 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 3(1) of the Act.”
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Keywords
Registration of FIR
