Case Note & Summary
The petitioner, Munavarbhai Faridbhai Rafai, through his father, challenged a preventive detention order dated 14.11.2025 passed by the District Magistrate, Rajkot, classifying him as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985. The detenue was lodged in Lajpore Central Jail, Surat. The petitioner argued that there was no material before the detaining authority to show that his activities disturbed public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The State contended that the detenue was a habitual offender and his activities affected society at large. The court, after hearing both sides, found that the detention order was based solely on registration of FIRs and there was no material to indicate any disturbance to public order. The court held that the order was passed without proper application of mind and quashed it, directing the detenue's release unless required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Lack of Material - The detention order under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985 was quashed as there was no material to indicate that the detenue's activities 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 1-6)
Issue of Consideration
Whether the detention order classifying the detenue as a 'dangerous person' under the Gujarat Prevention of Anti-social Activities Act, 1985 was valid when there was no material to show that his activities disturbed public order or public tranquility.
Final Decision
The petition is allowed. The impugned detention order dated 14.11.2025 passed by the District Magistrate, Rajkot 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
