Case Note & Summary
The petitioner, Bhimabhai Shantilal Rathod (Bavri), was preventively detained by an order dated 07.01.2026 passed by the Police Commissioner, Surat, classifying him as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985. The detenue, through his wife Sitaben Bhimjibhai Rathod, challenged the legality and validity of the detention order by way of a Special Criminal Application before the Gujarat High Court. The petitioner's counsel argued that there was no material available with the detaining authority to indicate how the detenue's activities disturbed public health, public order, or public tranquility. It was further submitted that the impugned order was passed without application of mind and mechanically. The learned Additional Public Prosecutor opposed the petition, contending that the detenue was a habitual offender and his activities affected society at large, and that the detaining authority had considered his antecedents and past activities. The court, after hearing both sides, found that the detention order was based solely on the registration of FIRs against the detenue, but there was no material to show that his activities had disturbed public order or public tranquility. The court held that the subjective satisfaction of the detaining authority was not supported by any material, and therefore the order was invalid. 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 detention order was quashed as there was no material on record to indicate that the detenue's activities disturbed public health, public order, or public tranquility. The court held that mere registration of FIRs does not justify preventive detention without evidence of public order being affected. (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 that his activities disturbed public order or public tranquility.
Final Decision
The petition is allowed. The impugned detention order dated 07.01.2026 passed by the Police Commissioner, 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
- subjective satisfaction
- application of mind
