Case Note & Summary
The petitioner, Imranhussain@Bhuriyo Kararhussain Momin, was preventively detained by an order dated 29.12.2025 passed by the Commissioner of Police, Ahmedabad, 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 Firdoshbanu, challenged the legality and validity of the detention order before the Gujarat High Court. The court heard learned advocate for the petitioner and learned APP for the respondent-State. 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 without application of mind and mechanically. The learned APP contended that the detenue was a habitual offender and his activities affected society at large, and the authority had passed the order considering his antecedents and past activities to prevent him from acting in a prejudicial manner. The court, after considering the submissions, found that the impugned order was based solely on the registration of FIRs against the detenue, but there was no material to show that his activities had disturbed public order or public tranquility. The court held that the detention order was passed mechanically without application of mind and could not be sustained. Consequently, the court allowed the petition, quashed the detention order, and directed that the detenue be set at liberty forthwith if not required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detenue was detained as a dangerous person based on registration of FIRs, but there was no material to indicate how public health, public order, or public tranquility was disturbed. The court held that in absence of such material, the detention order cannot be sustained and is passed mechanically without application of mind (Paras 1-6).
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 valid when there was no material to show disturbance to public order or public tranquility.
Final Decision
The petition is allowed. The impugned detention order dated 29.12.2025 passed by the Commissioner of Police, Ahmedabad 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
- material on record
- mechanical exercise of power
