Case Note & Summary
The petitioner, Raja Ashoklal Kevlani, was preventively detained by an order dated 12.12.2025 passed by the Police Commissioner, Ahmedabad City, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying him as a 'dangerous person' under Section 2(c) of the Act. The detenue, through his wife Gungun Raja Kelvani, challenged the legality and validity of the detention order by way of a Special Criminal Application before the Gujarat High Court. The petitioner 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 mechanically without application of mind. The State, represented by the learned APP, contended that the detenue was a habitual offender and his activities affected society at large, justifying the preventive detention to prevent him from acting prejudicially to public order. The Court, after hearing both sides, examined the core issue of whether the detention order was sustainable. The Court noted that the detaining authority relied on registration of FIRs but failed to provide any material showing that the alleged activities disturbed public order. The Court held that the subjective satisfaction of the detaining authority must be based on cogent material indicating a threat to public order, not merely law and order. The Court found that the impugned order was passed mechanically and without application of mind, and therefore quashed and set aside the detention order. The detenue was ordered to be set at liberty forthwith unless his detention was required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detenue was preventively detained as a 'dangerous person' based on registration of FIRs. The Court held that in the absence of any material indicating disturbance to public health, public order or public tranquility, the detention order cannot be sustained. The subjective satisfaction of the detaining authority must be based on cogent material showing that the activities of the detenue are prejudicial to the maintenance of public order. (Paras 1, 6-7) B) Preventive Detention - Mechanical Exercise of Power - Section 3 Gujarat Prevention of Anti-social Activities Act, 1985 - The Court observed that the impugned order was passed without application of mind and appeared to have been passed mechanically. The detaining authority failed to consider that the alleged activities did not affect public order but only law and order. Hence, the order was quashed and set aside. (Paras 4, 7)
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 quashed and set aside the detention order dated 12.12.2025 passed by the Police Commissioner, Ahmedabad City. The detenue, Raja Ashoklal Kevlani, was ordered to be set at liberty forthwith unless his detention was required in any other case.
Law Points
- Preventive detention
- dangerous person
- public order
- subjective satisfaction
- material on record
- mechanical exercise of power
