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: TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 3 April, 2023 stating that 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. It was stated in the case of Vikrambhai Vajabhai Mori vs State Of Gujarat (C/SCA/23619/2022) which was passed by the single judge bench comprising of A.S. Supehia
FACTS OF THE CASE:
The present petition is directed against order of detention dated 15.11.2022 passed by the respondent – detaining authority in exercise of powers conferred under section 3 (1) of the Gujarat Prevention of Anti Social Activities Act, 1985 by detaining the petitioner – detenu as defined under section 2 (c) of the Act.
JUDGEMENT OF THE CASE
The court allowed this petition, because 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 and no other relevant and cogent material exists for invoking power under section 3 (1) of the Act. In the result, the present petition is hereby allowed and the impugned order of detention passed by the respondent – detaining authority is hereby quashed and set aside. The detenu is ordered to be set at liberty forthwith if not required in any other case. Rule is made absolute accordingly.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.