Case Note & Summary
The petitioner, Nuruddin @ Nuru Kamruddin Sheikh, through his son Salman Nuruddin Sheikh, filed a Special Criminal Application under Articles 226 and 227 of the Constitution of India before the Gujarat High Court challenging a detention order dated 19.01.2026 passed by the Commissioner of Police, Ahmedabad City under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985 (PASA Act). The petitioner was detained in Surat Jail pursuant to the order. The petitioner argued that there was no material available with the detaining authority to indicate how the petitioner's activities disturbed public health, public order, or public tranquility. It was further submitted that the impugned order was passed without application of mind and mechanically. The respondent-State, through the learned APP, contended that the detenue was a habitual offender and his activities affected society at large, and therefore the detaining authority had passed the order to prevent him from acting prejudicially to the maintenance of public order. The court heard both sides and found that the detention order was based on routine criminal activities without any material linking them to disturbance of public order. The court held that the order was passed mechanically and without application of mind, and therefore quashed the detention order. The petition was allowed, and the detenue was ordered to be set at liberty forthwith.
Headnote
A) Preventive Detention - Gujarat Prevention of Anti-social Activities Act, 1985 - Section 3(2) - Public Order vs. Law and Order - The court considered whether the detention order was valid when there was no material to show that the detenue's activities disturbed public order or public tranquility. The court held that the order was passed without application of mind and mechanically, as the grounds did not indicate any disturbance to public order beyond routine law and order issues. (Paras 1-5) B) Preventive Detention - Gujarat Prevention of Anti-social Activities Act, 1985 - Section 3(2) - Requirement of Material - The court examined the necessity of material to justify preventive detention. It held that in the absence of material showing how public health, public order, or public tranquility was disturbed, the detention order could not be sustained. (Paras 4-5)
Issue of Consideration
Whether the detention order under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985 was valid in the absence of material indicating disturbance to public health, public order, or public tranquility
Final Decision
The petition is allowed. The detention order dated 19.01.2026 passed by the Commissioner of Police, Ahmedabad City under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985 is quashed and set aside. The detenue is ordered to be set at liberty forthwith.
Law Points
- Preventive detention under Gujarat Prevention of Anti-social Activities Act
- 1985 requires material to show disturbance to public order
- not merely law and order
- mere registration of criminal cases does not justify detention under Section 3(2) of the Act
- detention order must be based on application of mind and not passed mechanically
