Gujarat High Court Quashes Preventive Detention Order for Lack of Material Showing Disturbance to Public Order. Detention under Gujarat Prevention of Anti-social Activities Act, 1985 set aside as mere registration of FIRs does not establish that the detenue's activities affected public order.

High Court: Gujarat High Court Bench: AHEMDABAD In Favour of Accused

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2026-05-19 01:00:40

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Case Note & Summary

The present petition was filed by Sunny S/o Rameshbhai Lallubhai Desai through his father Rameshbhai Lallubhai Desai challenging the legality and validity of a preventive detention order dated 09.12.2025 passed by the Commissioner of Police, Ahmedabad, under the Gujarat Prevention of Anti-social Activities Act, 1985, branding him as a dangerous person under section 2(c) of the Act. The detenue was detained in Lajpore Central Jail, Surat. The petitioner's advocate argued that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed in any manner, and that the order was passed without application of mind and mechanically. The learned APP opposed the petition, contending that the detenue was a habitual offender and his activities affected society at large, and that the Detaining Authority had passed the order considering his antecedents and past activities to prevent him from acting in a manner prejudicial to public order. The court, after hearing both sides, observed that the order was passed mechanically and without application of mind, and that there was no material to show disturbance to public order. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue's release forthwith.

Headnote

A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detenue was preventively detained as a dangerous person. The court found that there was no material on record to indicate how public health, public order, or public tranquility was disturbed. The order was passed mechanically without application of mind. Held that the detention order was unsustainable and quashed. (Paras 1-6)

Issue of Consideration

Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985, branding the detenue as a dangerous person, was valid when there was no material to show disturbance to public order.

Final Decision

The petition is allowed. The impugned detention order dated 09.12.2025 passed by the Commissioner of Police, Ahmedabad is quashed and set aside. The detenue is ordered to be set at liberty forthwith, if not required in any other case.

Law Points

Preventive detention
dangerous person
public order
lack of material
mechanical exercise of power

Case Details

2026 LawText (GUJ) (01) 57

R/Special Criminal Application No. 16861 of 2025

2026-01-06

N.S.Sanjay Gowda, D. M. Vyas

Rafik Lokhandwala, Chintan Dave

Sunny S/o Rameshbhai Lallubhai Desai through Rameshbhai Lallubhai Desai

State of Gujarat & Ors.

Nature of Litigation

Challenge to preventive detention order under Gujarat Prevention of Anti-social Activities Act, 1985

Remedy Sought

Quashing of detention order and release of detenue

Filing Reason

Detenue was preventively detained as a dangerous person without material showing disturbance to public order

Issues

Whether the detention order was valid when there was no material to show disturbance to public order

Submissions/Arguments

Petitioner argued that there was no material to indicate disturbance to public health, public order, or public tranquility, and the order was passed mechanically without application of mind. Respondent argued that the detenue was a habitual offender and his activities affected society at large, justifying the detention.

Ratio Decidendi

A preventive detention order under the Gujarat Prevention of Anti-social Activities Act, 1985 cannot be sustained if there is no material on record to show that the detenue's activities disturbed public order. The order must be passed with application of mind and not mechanically.

Judgment Excerpts

there was no material available with the detention authority to indicate as to how the public health or public order or public tranquility was disturbed in any manner. the impugned order is passed without application of mind and prima facie the order is passed mechanically.

Procedural History

The detenue was preventively detained vide order dated 09.12.2025 by the Commissioner of Police, Ahmedabad. The present petition was filed challenging the order. After hearing, the High Court allowed the petition and quashed the detention order.