Case Note & Summary
The petitioner, Rakesh @ Rakya @ Kaliya S/o Gorakh Wagh, was preventively detained by an order dated 11.12.2025 passed by the Police Commissioner, Surat City, under the Gujarat Prevention of Anti-social Activities Act, 1985, branding him as a 'dangerous person' under Section 2(c) of the Act. The detenue, through his brother Vishal S/o Gorakh Wagh, 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 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 and his activities affected society at large, and that the order was passed to prevent him from acting prejudicially to the maintenance of public order. The court considered the core issue of whether the detention order was sustainable in law. Upon careful examination of the order, the court found that the impugned order was executed upon the detenue and he was detained in Special Jail at Bhuj. The court noted that the order was based on registration of two FIRs, but there was no material to show that the alleged activities of the detenue had disturbed or were likely to disturb public order. The court held that the Detaining Authority had passed the order mechanically without proper application of mind, as there was no credible material to justify the detention. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue's release 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 - Requirement of Material - The detention order was quashed as there was no material to indicate that public health, public order or public tranquility was disturbed. The court held that mere registration of FIRs does not justify preventive detention without evidence of threat to public order (Paras 6-8).
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 sustainable in law when there is no material to show disturbance to public order.
Final Decision
The petition is allowed. The impugned detention order dated 11.12.2025 passed by the Police Commissioner, Surat 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
- mechanical exercise of power
