Case Note & Summary
The petitioner, Rushabbhai @Kabutar Pravinbhai Mahadevgiri Goswami, was preventively detained by an order dated 13.12.2025 passed by the Commissioner of Police, Ahmedabad, under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985, as a 'dangerous person'. The detenue, through his mother Indiraben Pravingiri Goswami, challenged the legality and validity of the detention order by way of a special criminal application before the Gujarat High Court. The petitioner's advocate argued that there was no material available with the detention authority to indicate how the public health, public order, or public tranquility was disturbed in any manner. It was further submitted that the impugned 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, after hearing both sides, observed that the detaining authority had not placed any material on record to show that the alleged activities of the detenue disturbed public order or public tranquility. The court held that the order was passed mechanically and without application of mind. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue to be set at liberty forthwith.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detention order was quashed as there was no material on record to indicate that the alleged activities of the detenue 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 4, 6) B) Preventive Detention - Subjective Satisfaction - Mechanical Exercise - The court found that the impugned order was passed without application of mind and mechanically, as the detaining authority failed to consider whether the detenue's activities actually affected public order. (Paras 4, 6)
Issue of Consideration
Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985, branding the detenue as a 'dangerous person', is valid when there is no material to show that his activities disturbed public order or public tranquility.
Final Decision
The petition is allowed. The impugned detention order dated 13.12.2025 passed by the Commissioner of Police, Ahmedabad, 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
- mechanical exercise of power
- Gujarat Prevention of Anti-social Activities Act
- 1985 Section 2(c)
- Section 3
