Case Note & Summary
The petitioner, Somesh @ Sonu S/o Shyamchand Chandubhai Pujari, was preventively detained by the District Magistrate & Collectorate, Gandhinagar, vide order dated 03.09-10.2025, classifying him as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985. The detention was challenged by his wife, Manishaben Somesh Pujari, through a special criminal application before the Gujarat High Court. The petitioner argued that there was no material on record to show that the detenue's activities disturbed public health, public order, or public tranquility. It was contended that the order was passed mechanically and without application of mind. The court, after hearing the learned advocate for the petitioner and the learned Additional Public Prosecutor for the State, found that the detention authority had no material to justify the detention. The court observed that the mere registration of FIRs does not constitute a threat to public order. Consequently, the court quashed the detention order and directed the release of the detenue forthwith.
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. The court held that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed. The order was passed mechanically and without application of mind, and thus was quashed. (Paras 1-4)
Issue of Consideration
Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985 classifying the detenue as a 'dangerous person' was valid in the absence of material showing disturbance to public order or public tranquility.
Final Decision
The court quashed the detention order and directed the release of the detenue forthwith.
Law Points
- Preventive detention
- dangerous person
- public order
- subjective satisfaction
- material on record
- mechanical exercise of power
