Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Gujarat Prevention of Anti-Social Activities Act Preventive detention |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Gujarat Prevention of Anti-social Activities Act, 1985 (16 of 1985) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Criminal Law : Gujarat Prevention of Anti-Social Activities Act, 1985 - Section 2(c) - "Dangerous person" - Preventive detention of - Detenu on two incidents demanded money from a person by putting him to fear of death and on his refusal dragged and assaulted him - Held, In order to be a "dangerous person" the detenu should be a habitual offender - Expression "habitually" means repeatedly or persistently or continuously - Therefore, one isolated incident for which a criminal case is registered against a person is not sufficient to hold him a dangerous person - However, the satisfaction of the detaining authority holding the detenu to be a dangerous person based on the two incidents, not vitiated Section 3(4) - Preventive detention - Public order - Detenu - Activities of - "In a manner prejudicial to the maintenance of public order or amounted to breach of law and order" - Determination of - test - Detenu extorted money from a person by putting him to fear of death and on refusal dragged and assaulted him - Held, Such activities affected the even tempo of life of the society - Hence, satisfaction of the detaining authority that such activities amounted to disturbance of public order, does not warrant interference. Sections 11 and 12 - Preventive detention - Detenu - Advisory Board did not indicate detenu was to be detained for more than 3 months - Advisory Board's report rejecting detenu's representation not produced - No such contention raised in High Court - Held, Such contention cannot be raised before the Supreme Court - Constitution of India, 1950, Art. 22(5). Section 12 - Preventive detention - Detenu - Made representation against his detention only to the Advisory Board - Effect of - Held, Detaining authority need not consider the same - Such non-consideration does not amount to violation of Article 22(5). Preventive detention - Detenu - In the grounds of detention it was indicated that the activities of the detenu could not be dealt with under Bombay Police Act - Held, Detaining authority is not required to state in the grounds of detention the reasons therefore. Words and Phrases: "Habitually" - Meaning of - In the context of S.2(c) of the Gujarat Prevention of Anti-Social Activities Act, 1985. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 1999 INSC 267 |
Petitioner | Amanulla Khan Kudeatalla Khan Pathan |
Respondent | State Of Gujarat And Ors. |
SCR | [1999] 3 S.C.R. 807 |
Judgement Date | 1999-06-28 |
Case Number | 618 |
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