Case Note & Summary
The petitioner, Dashrathbhai Dineshbhai Salat, was preventively detained by an order dated 27/02/2025 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 petitioner, through his mother, challenged the legality and validity of the detention order by way of a Special Criminal Application before the Gujarat High Court. The court heard the learned advocate for the petitioner and the learned APP for the respondent-State. The petitioner's advocate 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, and that the order was passed mechanically without application of mind. It was also submitted that the petitioner was detained in Palara Khas Jail, Bhuj-Kutch. 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 passed the order considering his antecedents and past activities to prevent him from acting prejudicially to the maintenance of public order. The court, after hearing both sides, found that there was no material to show disturbance to public order and that the order was passed mechanically. Consequently, the court allowed the petition and quashed the detention order.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detention order was challenged on the ground that there was no material to indicate disturbance to public health, public order, or public tranquility. The court held that in absence of such material, the order of detention ought not to have been passed and was passed mechanically without application of mind. (Paras 4, 6) B) Preventive Detention - Public Order - Disturbance - The court considered that mere registration of FIRs and past activities of the detenue, without showing how public order was affected, cannot sustain a preventive detention order. The detaining authority failed to link the alleged activities to disturbance of public order. (Paras 4, 5, 6)
Issue of Consideration
Whether the preventive detention order dated 27/02/2025 passed by the Police Commissioner, Ahmedabad, detaining the petitioner as a dangerous person under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985, is legal and valid when there is no material to show disturbance to public order.
Final Decision
The petition is allowed. The impugned detention order dated 27/02/2025 passed by the Police Commissioner, Ahmedabad, is quashed and set aside. The detenue, Dashrathbhai Dineshbhai Salat, is ordered to be set at liberty forthwith, if not required in any other case.
Law Points
- Preventive detention
- Public order
- Dangerous person
- Section 2(c) Gujarat Prevention of Anti-social Activities Act 1985
- Lack of material
- Mechanical exercise of power
