Case Note & Summary
The petitioner, Yaseen @Papaiyo Sabbirbhai Ajizbhai Kureshi, was preventively detained by an order dated 02.02.2026 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 wife Naziya Bano Yaseen @Papaiyo Kureshi, challenged the legality and validity of the detention order by way of a Special Criminal Application before the Gujarat High Court. The petitioner argued that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed in any manner, and that the order was passed without application of mind and mechanically. The learned advocate for the petitioner also submitted that the impugned order was executed and the detenue was detained in Surat Jail. The learned Additional Public Prosecutor opposed the petition, contending that the detenue was a habitual offender and his activities affected public order. The court, after hearing both sides, examined the material on record and found that there was no material to show that the detenue's activities disturbed public health, public order, or public tranquility. The court held that the detention order was unsustainable and quashed it, directing the detenue's release forthwith unless required in any other case. The court emphasized that preventive detention cannot be based on mere registration of FIRs without evidence of impact on public order.
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 impact on public order. (Paras 1-6) B) Preventive Detention - Application of Mind - Section 3 of Gujarat Prevention of Anti-social Activities Act, 1985 - Mechanical Order - The court found that the impugned order was passed without application of mind and mechanically, as the detaining authority failed to consider whether the alleged activities actually affected 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 to show that his activities disturbed public health, public order, or public tranquility.
Final Decision
The petition is allowed. The detention order dated 02.02.2026 passed by the Commissioner of Police, Ahmedabad 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
- Material on record
- Application of mind
