Case Note & Summary
The petitioner, Deepak S/O Ravindra Jadav, was preventively detained by an order dated 03.01.2026 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, through his brother Hemant Ravindrakumar Jadav, 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 advocate argued that there was no material before the detaining authority to show that 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 Additional Public Prosecutor 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 registration of criminal cases against the detenue, but there was no material to indicate that the alleged activities had disturbed public order or public tranquility. The court held that the order was passed mechanically and without proper application of mind, and therefore, the detention order was unsustainable. The court allowed the petition, quashed the detention order, and directed that the detenue be set at liberty forthwith unless required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detenue was preventively detained as a dangerous person. The court found that there was no material available with the detaining authority to indicate how public health, public order, or public tranquility was disturbed. The order was passed mechanically without application of mind. Held that the detention order was unsustainable and quashed. (Paras 1-6)
Issue of Consideration
Whether the detention order classifying the detenue as a dangerous person under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985 was valid when there was no material to show disturbance to public order.
Final Decision
The petition is allowed. The impugned detention order dated 03.01.2026 passed by the Commissioner of Police, Surat is quashed and set aside. The detenue is ordered to be set at liberty forthwith, if not required in any other case.
Law Points
- Preventive detention
- Dangerous person
- Public order
- Lack of material
- Mechanical exercise of power
