Gujarat High Court Allows Petition Challenging Preventive Detention Order for Lack of Material Showing Disturbance to Public Order. Detention order under Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 quashed as mere registration of FIRs does not constitute threat to public order.

High Court: Gujarat High Court In Favour of Accused

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2026-05-19 01:41:48

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Case Note & Summary

The petitioner, Rajendrabhai Jayantibhai Baria, was preventively detained by an order dated 04.12.2025 passed by the Police Commissioner, Vadodara City, classifying him as a 'Dangerous Person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985. The detenue challenged the legality and validity of the detention order through his brother 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 detaining 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 learned APP opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large. The court heard both sides and examined the record. The court found that the detention order was based solely on the registration of FIRs against the detenue, but there was no material to show that his activities had disturbed public order or public tranquility. The court held that the order was passed without application of mind and was mechanically made. Consequently, the court allowed the petition, quashed the detention order, and directed that the detenue be set at liberty forthwith unless required in any other case.

Headnote

A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Validity of Detention Order - The detenue was detained as a 'Dangerous Person' based on registration of FIRs, but there was no material to indicate how public health, public order, or public tranquility was disturbed - Held that in absence of such material, the detention order cannot be sustained (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 in the absence of material showing disturbance to public order.

Final Decision

The petition is allowed. The impugned detention order dated 04.12.2025 passed by the Police Commissioner, Vadodara City 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 order

Case Details

2026 LawText (GUJ) (01) 63

R/SPECIAL CRIMINAL APPLICATION NO. 17132 of 2025

2026-01-13

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

Mr. Bhavik R Samani for the Applicant, Mr. Pranav Dhagat, APP for the Respondent

Rajendrabhai Jayantibhai Baria through Rahulkumar Jayantibhai Baria

State of Gujarat & Ors.

Nature of Litigation

Challenge to preventive detention order under the 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

Previous Decisions

Detention order dated 04.12.2025 passed by Police Commissioner, Vadodara City

Issues

Whether the detention order classifying the detenue as a 'Dangerous Person' under the Gujarat Prevention of Anti-social Activities Act, 1985 was valid in the absence of material showing 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 is a habitual offender and his activities affected society at large.

Ratio Decidendi

A preventive detention order classifying a person as a 'Dangerous Person' under the Gujarat Prevention of Anti-social Activities Act, 1985 cannot be sustained if there is no material to show that the person's activities disturbed public order or public tranquility. Mere registration of FIRs does not constitute such disturbance.

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 by order dated 04.12.2025 passed by the Police Commissioner, Vadodara City. The detenue challenged the order by filing Special Criminal Application No. 17132 of 2025 before the Gujarat High Court through his brother. The court heard the matter and delivered judgment on 13.01.2026.