Case Note & Summary
The petitioner, Mehulbhai @ Bhuri @ Mamo Dhanjibhai Jethvabhai Khant, was preventively detained by an order dated 18.12.2025 passed by the Police Commissioner, Rajkot City, under the Gujarat Prevention of Anti-social Activities Act, 1985, as a dangerous person as defined under Section 2(c) of the Act. The detenue, through his mother Sumitaben Dhanjibhai Jethva, challenged the legality and validity of the detention order by way of a special criminal application before the High Court of Gujarat. 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 without application of mind and mechanically. It was also submitted that the detenue was detained in Vadodara Central Jail. The learned Additional Public Prosecutor opposed the petition, contending that the detenue was a habitual offender and his activities affected society at large. The court, after hearing both sides, examined the grounds of detention and found that the detaining authority had relied on registration of criminal cases against the detenue. The court noted that the detaining authority had not indicated how the alleged activities of the detenue disturbed public order or public tranquility. The court held that the subjective satisfaction of the detaining authority was not based on any material showing a threat to public order, and the order was passed mechanically 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 - Validity of Detention Order - The detenue was detained as a dangerous person based on registration of criminal cases - The court held that mere registration of cases does not indicate disturbance to public order or public tranquility - The detention order was passed without application of mind and mechanically - Held that the order is illegal and liable to be quashed (Paras 1-6).
Issue of Consideration
Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985 was valid in the absence of material indicating disturbance to public order.
Final Decision
The petition is allowed. The detention order dated 18.12.2025 passed by the Police Commissioner, Rajkot 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
- mechanical exercise of power
- lack of material
