Case Note & Summary
The petitioner, Bhagvan@Prakash@Pakiyo Shravanji Zandavda(Dabhi), was preventively detained by an order dated 25.12.2025 passed by the Police Commissioner, Surat City, classifying him as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985. The detenue, through his wife Laxmi Bhagvan Zandavda, challenged the legality and validity of the detention order by way of a special criminal application before the Gujarat High Court. The court heard learned advocate for the petitioner and learned APP for the respondent-State authorities. The petitioner's counsel argued that there was no material available with the detaining 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. It was also submitted that the detenue was currently detained in Bhuj Jail. 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 passed the order considering his antecedents and past activities to prevent him from acting prejudicially to the maintenance of public order in the area of Ahmedabad. The court, after hearing both sides, found that there was no material to show disturbance to public order or public tranquility, and that the order was passed mechanically. Consequently, the court allowed the petition and quashed the detention order.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detenue was preventively detained as a dangerous person. 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. (Paras 1-4) B) Preventive Detention - Public Order - Disturbance - The court found that mere registration of FIRs and past activities without evidence of impact on public order cannot sustain a detention order under the Act. (Paras 4-5)
Issue of Consideration
Whether the preventive detention order classifying the detenue as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985 was valid when there was no material to show disturbance to public order or public tranquility.
Final Decision
The petition is allowed. The detention order dated 25.12.2025 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
- Gujarat Prevention of Anti-social Activities Act
- 1985
- Section 2(c)
- lack of material
- mechanical order
