Case Note & Summary
The petitioner, Sukhdevsing Sajjusing Sohel, was preventively detained by an order dated 04/12/2025 passed by the Police Commissioner, Vadodara, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying him as a 'dangerous person' under Section 2(c). The detenue, through his wife Suneeta Sukhdevsing Sohel, challenged the legality and validity of the detention order by way of a Special Criminal Application before the Gujarat High Court. The petitioner's counsel argued that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed, and that the order was passed mechanically without application of mind. The learned APP opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large, and that the detaining authority had considered his antecedents and past activities. The court, after hearing both sides, observed that the detaining authority had relied on two criminal cases registered against the detenue, but there was no material to show that the detenue's activities had disturbed public order or were prejudicial to the maintenance of public order. The court held that the mere registration of FIRs does not lead to the conclusion that the detenue is a dangerous person whose activities are prejudicial to public order. Consequently, the court quashed the detention order and directed that the detenue be set at liberty forthwith.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detention order was quashed as there was no material on record to indicate that the activities of the detenue disturbed public health, public order, or public tranquility. The court held that mere registration of FIRs does not justify preventive detention without evidence of threat to public order. (Paras 4, 6) B) Preventive Detention - Subjective Satisfaction - Mechanical Exercise - The court found that the detention order was passed mechanically without application of mind, as the detaining authority failed to consider the necessity of preventing the detenue from acting prejudicially to public order. (Paras 4, 6)
Issue of Consideration
Whether the detention order classifying the detenue as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985 was valid when there was no material to show disturbance to public order.
Final Decision
The court allowed the petition, quashed the detention order dated 04/12/2025, and directed that the detenue be set at liberty forthwith.
Law Points
- Preventive detention
- dangerous person
- public order
- subjective satisfaction
- material on record
