Gujarat High Court Quashes Preventive Detention Order for Dangerous Person Due to Lack of Material Showing Disturbance of Public Order. Mere Registration of FIRs Does Not Justify Detention Under Gujarat Prevention of Anti-social Activities Act, 1985.

High Court: Gujarat High Court In Favour of Accused

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2026-05-19 01:41:50

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Case Note & Summary

The petitioner, Jayraj @ Buddho Amrutbhai Popatbhai Dabhi, challenged the preventive detention order dated 16.12.2025 passed by the Police Commissioner, Ahmedabad City, classifying him as a 'Dangerous Person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985. The detenue was detained in Rajkot Jail. The petitioner's mother filed the petition on his behalf. The petitioner argued that there was no material before the detaining authority to indicate how public health, public order, or public tranquility was disturbed. 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. The court considered the submissions and found that the detention order was based solely on two FIRs registered against the detenue. The court held that the activities alleged in the FIRs relate to law and order, not public order, and there was no material to show that the detenue's acts disturbed public order. The court emphasized that preventive detention cannot be used as a substitute for ordinary law. The detention order was quashed and set aside, and the detenue was ordered to be released forthwith.

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 preventively detained as a 'Dangerous Person' based on registration of two FIRs for offences under the Indian Penal Code. The court held that mere registration of FIRs does not constitute material to show that public order was disturbed. The detention order was passed mechanically without application of mind and was quashed. (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 disturbance of public order.

Final Decision

The petition is allowed. The impugned detention order dated 16.12.2025 passed by the Police Commissioner, Ahmedabad 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 exercise of power

Case Details

2026 LawText (GUJ) (01) 65

R/SPECIAL CRIMINAL APPLICATION NO. 17141 of 2025

2026-01-13

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

Ms. Kiran H Danwani, Mr. Pranav Dhagat

Jayraj @ Buddho Amrutbhai Popatbhai Dabhi Thro Dabhi Suryaben Amrutbhai

State of Gujarat & Ors.

Nature of Litigation

Challenge to preventive detention order

Remedy Sought

Quashing of detention order and release of detenue

Filing Reason

Detenue was preventively detained as a 'Dangerous Person' without material showing disturbance of public order

Issues

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

Submissions/Arguments

Petitioner argued that there was no material to indicate disturbance of public health, public order, or public tranquility; order passed mechanically. Respondent argued that detenue is habitual offender and his activities affected society at large.

Ratio Decidendi

Preventive detention under the Gujarat Prevention of Anti-social Activities Act, 1985 requires material to show that the alleged activities disturb public order. Mere registration of FIRs for offences under the Indian Penal Code does not constitute such material, and a detention order passed without it is invalid and liable to be quashed.

Judgment Excerpts

The detenue herein namely Jayraj @ Buddho Amrutbhai Popatbhai Dabhi came to be preventively detained vide the detention order dated 16.12.2025 passed by the Police Commissioner, Ahmedabad City as a ‘Dangerous Person’ as defined under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985. Learned advocate for the petitioner vehemently argued that 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.

Procedural History

The detenue was preventively detained by order dated 16.12.2025. The present petition was filed challenging the order. The court heard both sides and delivered judgment on 13.01.2026.