Case Note & Summary
The petitioner, Dilip Savajibhai Jadavbhai Jagani, through his father Savajibhai Jadavbhai Jagani, challenged the preventive detention order dated 25.12.2025 passed by the Commissioner of Police, Ahmedabad City, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying him as a cyber offender under Section 2(ba). The detenue was detained in Bhuj Jail. The petitioner argued that there was no material to show disturbance to public health, public order, or public tranquility, and the order was passed mechanically without application of mind. The State opposed, contending the detenue was a habitual offender affecting society at large. The court, after hearing both sides, found no material indicating any disturbance to public order. The court held that the detention order was unsustainable and quashed it, directing the detenue's release unless required in any other case.
Headnote
A) Preventive Detention - Cyber Offender - Section 2(ba) Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detenue was preventively detained as a cyber offender. 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. In absence of such material, the detention order cannot be sustained. (Paras 1-6) B) Preventive Detention - Mechanical Order - Application of Mind - The court observed that the impugned order was passed without application of mind and mechanically. The mere registration of FIRs does not justify preventive detention without evidence of disturbance to public order. (Paras 4-6)
Issue of Consideration
Whether the preventive detention order passed against the detenue as a cyber offender under Section 2(ba) of the Gujarat Prevention of Anti-social Activities Act, 1985 is legal and valid when there is no material to show disturbance to public health, public order, or public tranquility.
Final Decision
The petition is allowed. The impugned detention order dated 25.12.2025 passed by the Commissioner of Police, 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
- Cyber offender
- Public order
- Gujarat Prevention of Anti-social Activities Act
- 1985
- Section 2(ba)
- Lack of material
- Mechanical order
