Mosinkhan Alias Mosimkhan Son of Taslimkhan Pathan v. State of Gujarat
Case brief
What is this about?
The High Court of Gujarat quashed an order of preventive detention under the Gujarat Prevention of Anti Social Activities Act. The court held that establishing an offence for IPC Section 143 alone does not demonstrate a threat to public order. Finding the detaining authority failed to show that the acts affected the community at large, the petition was allowed and the detention order set aside.
What did the court decide?
Order of detention dated 12.6.2020 quashed and set aside; detenue ordered to be set at liberty forthwith if not required in any other case.