Case Note & Summary
The petitioner, Divyanshu @ Devo Bijendrasingh Mansingh Chauhan, was preventively detained by the Commissioner of Police, Ahmedabad, vide order dated 30.12.2025, under the Gujarat Prevention of Anti-social Activities Act, 1985, as a 'dangerous person' under Section 2(c). The detention was based on registration of criminal cases against him. The detenue challenged the order through his friend Sardarsingh Amarsingh Rajput, arguing that there was no material to indicate disturbance to public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The State opposed, contending that the detenue was a habitual offender whose activities affected society. The Court, after hearing both sides, found that the detention order was based solely on the registration of FIRs and there was no material to show that the alleged activities had any bearing on public order. The Court held that the subjective satisfaction of the detaining authority was not supported by any credible material, and the order was passed mechanically. Consequently, the Court quashed the detention order and directed the detenue's release.
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 based on registration of FIRs for offences under the Indian Penal Code. The Court held that mere registration of FIRs does not constitute material to show that public order or public tranquility was disturbed. The detention order was passed mechanically without application of mind and was quashed. (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 disturbance to public order or public tranquility.
Final Decision
The Court allowed the petition, quashed the detention order dated 30.12.2025, and directed the detenue to be set at liberty forthwith.
Law Points
- Preventive detention
- dangerous person
- public order
- subjective satisfaction
- mechanical exercise of power
Case Details
2026 LawText (GUJ) (02) 436
R/Special Criminal Application No. 440 of 2026
N.S.Sanjay Gowda, D. M. Vyas
MR P I PATHAN for the Applicant(s) No. 1, MS. MONALI H. BHATT, ADDL. for the Respondent(s) No. 1
Divyanshu @ Devo Bijendrasingh Mansingh Chauhan Thro Sardarsingh Amarsingh Rajput
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Nature of Litigation
Challenge to preventive detention order under Gujarat Prevention of Anti-social Activities Act, 1985
Remedy Sought
Quashing of detention order and release of detenue
Filing Reason
Detenue was preventively detained as a dangerous person without material showing disturbance to public order
Previous Decisions
Detention order dated 30.12.2025 passed by Commissioner of Police, Ahmedabad
Issues
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 disturbance to public order or public tranquility.
Submissions/Arguments
Petitioner argued that there was no material to indicate disturbance to public health, public order, or public tranquility, and the order was passed mechanically without application of mind.
Respondent contended that the detenue is a habitual offender and his activities affected society at large, justifying preventive detention.
Ratio Decidendi
Preventive detention as a dangerous person under the Gujarat Prevention of Anti-social Activities Act, 1985 requires material to show that the alleged activities have a bearing on public order. Mere registration of FIRs without such material renders the detention order invalid and mechanically passed.
Judgment Excerpts
there was no material available with the detention authority to indicate as to how the public health or public order or public tranquility was disturbed in any manner.
the impugned order is passed without application of mind and prima facie the order is passed mechanically.
Procedural History
The detenue was preventively detained vide order dated 30.12.2025 by the Commissioner of Police, Ahmedabad. He filed the present petition through his friend challenging the order. The Court heard both sides and delivered judgment on 05.02.2026.
Acts & Sections
- Gujarat Prevention of Anti-social Activities Act, 1985: Section 2(c)
