Case Note & Summary
The petitioner, Hareshbhai Chhaganbhai Savaliya, was preventively detained by the District Magistrate, Junagadh, vide order dated 29.01.2026, under the Gujarat Prevention of Anti-social Activities Act, 1985, as a 'dangerous person' as defined under Section 2(c) of the Act. The detention was based on the registration of criminal cases against him. The detenue, through his son Jenish Hareshbhai Savaliya, challenged the legality and validity of the detention order by way of a Special Criminal Application before the High Court of Gujarat. The petitioner's counsel argued that there was no material on record to indicate that the detenue's activities disturbed public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The learned Additional Public Prosecutor opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large. The Court, after hearing both sides, examined the grounds of detention and found that the detaining authority had relied solely on the registration of FIRs without any material to show that the alleged activities had any adverse effect on public order. The Court observed that the order was passed mechanically and without proper application of mind. Consequently, the Court allowed the petition, quashed the detention order, and directed the detenue's release forthwith.
Headnote
A) Preventive Detention - Dangerous Person - Public Order - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - The detenue was preventively detained as a dangerous person based on registration of FIRs for offences under the Indian Penal Code. The Court held that in the absence of any material indicating disturbance to public order or public tranquility, the detention order was passed mechanically and without application of mind. The order was quashed and set aside. (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, was valid when there was no material to show that his activities disturbed public order or public tranquility.
Final Decision
The petition is allowed. The detention order dated 29.01.2026 passed by the District Magistrate, Junagadh, is quashed and set aside. The detenue Hareshbhai Chhaganbhai Savaliya 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
- application of mind
- Gujarat Prevention of Anti-social Activities Act
- 1985
