Case Note & Summary
The petitioner, Dashrathbhai @Batko Kalidas Mohnbhai Patni (Hikkavala), was preventively detained by an order dated 21/01/2026 passed by the Police Commissioner, Ahmedabad, 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 wife Lakshmiben Dashrathbhai Patni, filed a Special Criminal Application before the Gujarat High Court challenging the legality and validity of the detention order. The petitioner 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. It was further submitted that the impugned order was passed without application of mind and mechanically. The detenue was lodged in Bhuj Central Jail. The State, represented by the learned APP, 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, examined the grounds of detention and found that the detaining authority had relied on registration of FIRs but there was no material to show that the alleged activities of the detenue disturbed public order or public tranquility. The court held that the order was passed mechanically and without application of mind, and therefore quashed the detention order. The petition was allowed, and the detenue was ordered to be set at liberty forthwith unless required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) Gujarat Prevention of Anti-social Activities Act, 1985 - Validity of Detention Order - The detenue was preventively detained as a dangerous person based on registration of FIRs. The court held that mere registration of FIRs does not constitute material to show disturbance of public order or public tranquility. The detention order was quashed as it was passed without application of mind and mechanically. (Paras 1-6)
Issue of Consideration
Whether the detention order classifying the detenue as a 'dangerous person' under 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 21/01/2026 passed by the Police Commissioner, 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
- subjective satisfaction
- material on record
- Gujarat Prevention of Anti-social Activities Act
- 1985
