Case Note & Summary
The petitioner, Kiran @ Bhikho Umedbhai Solanki, was preventively detained by an order dated 17.09.2025 passed by the Commissioner of Police, Ahmedabad, under the Gujarat Prevention of Anti-social Activities Act, 1985, branding him as a 'dangerous person' as defined under Section 2(c) of the Act. The detenue, through his friend Manish Mukeshbhai Khatik, 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 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 mechanically without application of mind. The learned APP opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large, and that the detaining authority had considered his antecedents and past activities to prevent him from acting prejudicially to public order. The Court, after hearing both sides, observed that the detaining authority had relied on two criminal cases registered against the detenue under the Indian Penal Code, but there was no material to show that the alleged activities disturbed public order or public tranquility. The Court held that the order was passed mechanically without application of mind and without any material to indicate disturbance to public order, and therefore quashed and set aside the detention order. The Court 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 - Requirement of Material - The detaining authority must have material to show that the alleged activities of the detenue disturbed public order or public tranquility; mere registration of FIRs is insufficient. Held that the order was passed mechanically without application of mind and without any material to indicate disturbance to public order (Paras 4, 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 indicating disturbance to public order or public tranquility.
Final Decision
The Court quashed and set aside the detention order dated 17.09.2025 passed by the Commissioner of Police, Ahmedabad, 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
- subjective satisfaction
- material on record
- mechanical exercise of power
