Case Note & Summary
The petitioner, Mahendrakumar @ Gullo Harishbhai Rana, was preventively detained by an order dated 15.12.2025 passed by the Commissioner of Police, Surat City, under the Gujarat Prevention of Anti-Social Activities Act, 1985, classifying him as a 'sexual offender' under Section 2(ha) of the Act. The detenue challenged the legality and validity of the detention order through a petition filed by his friend Shivlal Rohitlal Rawat. The High Court of Gujarat at Ahmedabad, comprising a Division Bench of Justice N.S. Sanjay Gowda and Justice D.M. Vyas, heard the matter. The petitioner's advocate argued that there was no material before the detaining authority to show that the detenue's activities disturbed public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The learned Additional Public Prosecutor 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 examined the detention order and the grounds of detention. It found that the detaining authority had relied on two criminal cases registered against the detenue under the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012. However, the court noted that the detaining authority had not recorded any satisfaction that the detenue's activities were likely to disturb public order or public tranquility. The court observed that the order was passed in a mechanical manner without proper application of mind. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue's release forthwith.
Headnote
A) Preventive Detention - Sexual Offender - Public Order - Section 2(ha) of Gujarat Prevention of Anti-Social Activities Act, 1985 - The detenue was preventively detained as a sexual offender under the Act. The court held that there was no material available with the detaining authority to indicate how public health, public order, or public tranquility was disturbed. The order was passed mechanically and without application of mind, hence liable to be quashed. (Paras 1-6)
Issue of Consideration
Whether the preventive detention order passed against the detenue as a 'sexual offender' under Section 2(ha) of the Gujarat Prevention of Anti-Social Activities Act, 1985 is valid when there is no material to show that his activities disturbed public health, public order, or public tranquility.
Final Decision
The petition is allowed. The detention order dated 15.12.2025 passed by the Commissioner of Police, 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
- Sexual offender
- Public order
- Lack of material
- Mechanical exercise of power
