Case Note & Summary
The petitioner, Karansinh Punamsinh Parmar (detenue), challenged the legality and validity of a preventive detention order dated 08.01.2026 passed by the Commissioner of Police, Ahmedabad, under the Gujarat Prevention of Anti-social Activities Act, 1985, branding him as a 'dangerous person' under Section 2(c) of the Act. The petition was filed through his friend Thakor Mukesh Dineshbhai. The detenue was detained in Surat Jail. The petitioner's counsel argued that there was no material before the detaining authority to show that the detenue's activities disturbed public health, public order, or public tranquility. It was further submitted that the order was passed mechanically and without application of mind. 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, examined the grounds of detention and found that the detaining authority had relied on two criminal cases registered against the detenue. However, the court noted that there was no material to indicate that the alleged activities had any adverse effect on public order or public tranquility. The court observed that the detaining authority had mechanically passed the order without proper application of mind. Relying on the principle that preventive detention cannot be used as a substitute for ordinary law, the court held that the detention order was unsustainable. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue's release forthwith.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detention order was quashed as there was no material to indicate that the alleged activities of the detenue disturbed public order or public tranquility. The court held that mere registration of FIRs does not justify preventive detention. (Paras 1-6)
Issue of Consideration
Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985, branding the detenue as a 'dangerous person', is sustainable in the absence of material showing disturbance to public order or public tranquility.
Final Decision
The petition is allowed. The detention order dated 08.01.2026 passed by the Commissioner of Police, Ahmedabad, is quashed and set aside. The detenue is ordered to be released forthwith.
Law Points
- Preventive detention
- dangerous person
- public order
- subjective satisfaction
- material on record
- mechanical exercise of power
