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 without application of mind and mechanically. It was also submitted that the order was executed and the detenue was lodged in Central Jail, Surat. 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 passed the order to prevent him from acting prejudicially to public order. The court considered the submissions and found that the core issue was whether the detention order was valid. The court noted that the order was based on registration of FIRs, but there was no material to show how public order was disturbed. The court held that the subjective satisfaction of the detaining authority must be based on credible material indicating a disturbance to public order, not merely law and order. Since the order lacked such material, it was quashed and set aside. The court allowed the petition and directed the release of the detenue 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 FIRs. The court held that in the absence of material to indicate how public health, public order or public tranquility was disturbed, the detention order cannot be sustained. The order was passed without application of mind and mechanically. (Paras 1-6) B) Preventive Detention - Public Order - Disturbance to Public Order - The court examined whether the alleged activities of the detenue affected public order. It held that mere registration of FIRs does not constitute disturbance to public order unless there is material showing impact on the community. The detention order was quashed. (Paras 6-7)
Issue of Consideration
Whether the detention order passed against the detenue as a 'dangerous person' under the Gujarat Prevention of Anti-social Activities Act, 1985 is valid in the absence of material showing disturbance to public order.
Final Decision
The petition is allowed. The impugned detention order dated 12.12.2025 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
- subjective satisfaction
- material on record
