Case Note & Summary
The petitioner, Mohit @Mitraj Ishvarbhai Makwana, through his father Ishvarbhai Dhirubhai Makwana, challenged the legality and validity of a preventive detention order dated 25.12.2025 passed by the Police Commissioner, Ahmedabad City, classifying him as a 'Dangerous Person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985. The detenue was detained in Bhuj Jail. The petitioner's counsel argued that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed, and that the order was passed mechanically without application of mind. The learned APP opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large, and that the authority had passed the order considering his antecedents and past activities to prevent him from acting in a prejudicial manner. The court, after hearing both sides, found that the impugned order was passed without any material to show that the detenue's activities had disturbed public order. The court noted that the order was based solely on the registration of FIRs, which did not establish a threat to public order. Consequently, the court quashed and set aside the detention order and directed the detenue's release.
Headnote
A) Preventive Detention - Dangerous Person - Public Order - Gujarat Prevention of Anti-social Activities Act, 1985, Section 2(c) - The court considered whether the detention order was valid when 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. (Paras 4-6)
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.
Final Decision
The court quashed and set aside the detention order dated 25.12.2025 and directed the detenue to be set at liberty forthwith.
Law Points
- Preventive detention
- Dangerous person
- Public order
- Lack of material
- Mechanical order
