Case Note & Summary
The petitioner, Rohitbhai @ Romio Dineshbhai Kaluji Tirgar, was preventively detained by an order dated 09.12.2025 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 Rupa Rohit Tirgar, filed a Special Criminal Application before the Gujarat High Court challenging the legality and validity of the detention order. 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, and that the order was passed mechanically without application of mind. The learned advocate for the petitioner also submitted that the order was executed and the detenue was lodged in Surat Jail. The respondent-State, represented by the learned APP, opposed the petition contending that the detenue was a habitual offender whose activities affected society at large, and that the Detaining Authority had considered his antecedents and past activities. The court, after hearing both sides, examined the grounds of detention and found that the detaining authority had not demonstrated how the alleged activities of the detenue disturbed public order. The court held that the order was passed mechanically without application of mind and that the mere registration of FIRs does not justify preventive detention. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue's release 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 challenged on the ground that there was no material to show disturbance to public health, public order, or public tranquility. The court held that in the absence of such material, the order could not be sustained and was passed mechanically. (Paras 4, 6) B) Preventive Detention - Public Order - Disturbance - The court found that the detaining authority failed to demonstrate how the alleged activities of the detenue affected public order. The mere registration of FIRs does not justify preventive detention. (Para 6)
Issue of Consideration
Whether the detention order passed under the Gujarat Prevention of Anti-Social Activities Act, 1985, classifying the detenue as a 'dangerous person', was legally valid and based on sufficient material indicating a threat to public order.
Final Decision
The petition is allowed. The detention order dated 09.12.2025 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
- Mechanical exercise of power
- Lack of material
