Case Note & Summary
The petitioner, Irfan @ Nadi S/O Ramzan Shaikh, through his mother Bilkisbanu Ramzan Shaikh, challenged the preventive detention order dated 31/12/2025 passed by the Police Commissioner, Surat, under the Gujarat Prevention of Anti-social Activities Act, 1985, branding him as a 'dangerous person'. The detenue was lodged in Rajkot Central Jail. The petitioner argued that there was no material before the detaining authority to indicate that his activities disturbed public health, public order, or public tranquility. It was contended that the order was passed mechanically and without application of mind. The State, through the learned APP, opposed the petition, arguing that the detenue was a habitual offender and his activities affected society at large, justifying the detention. 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 against the detenue without any material to show that his acts had a bearing on public order. The court observed that the detaining authority had not applied its mind to the necessity of preventive detention and had acted mechanically. Consequently, the court allowed the petition, quashed the detention order, and directed the release of the detenue 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 - Validity of Detention Order - The detenue was preventively detained as a dangerous person under the Act. The court held that the detention order was passed without any material to show that the activities of the detenue disturbed public order or public tranquility. The mere registration of FIRs against the detenue does not justify preventive detention unless there is a clear nexus with public order. The court found that the detaining authority acted mechanically and without application of mind, and thus quashed the detention order. (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 in the absence of material indicating disturbance to public order or public tranquility.
Final Decision
The petition is allowed. The impugned detention order dated 31/12/2025 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
- material on record
- mechanical exercise of power
