Case Note & Summary
The petitioner, Rahul @ R.K. S/O Baban Kapure, through his mother Sakwarbai Baban Kapure, challenged the legality and validity of a preventive detention order dated 12.06.2025 passed by the Commissioner of Police, Surat, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying him as a dangerous person under Section 2(c) of the Act. The detenue was detained in Bhuj Jail. The petitioner 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 opposed the petition, contending that the detenue was a habitual offender and his activities affected society at large. The court, after hearing both sides, found that the detention order was based solely on the registration of FIRs and there was no material to show that the detenue's activities disturbed public order. The court held that the order was passed mechanically and without application of mind, and therefore quashed and set aside the detention order. The detenue was ordered to 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 - Validity of Detention Order - The detenue was preventively detained as a dangerous person under the Act. The court held that in the absence of any material to indicate how public health, public order, or public tranquility was disturbed, the detention order could not be sustained. The mere registration of FIRs does not justify preventive detention. (Paras 1-6) B) Preventive Detention - Application of Mind - Section 3 of Gujarat Prevention of Anti-social Activities Act, 1985 - Mechanical Order - The court found that the impugned order was passed without application of mind and mechanically, as there was no material linking the detenue's activities to disturbance of public order. (Paras 4-6)
Issue of Consideration
Whether the preventive 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 or public tranquility.
Final Decision
The court allowed the petition, quashed and set aside the detention order dated 12.06.2025, and directed that the detenue be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- Dangerous person
- Public order
- Material on record
- Application of mind
