Case Note & Summary
The petitioner, Ajaybhai @ Babu Mevalal Yadav, through his sister Sapna Mevalal Yadav, filed a Special Criminal Application under Articles 226 and 227 of the Constitution of India before the Gujarat High Court challenging a detention order dated 13.01.2026 passed by the Police Commissioner, Vadodara under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985 (PASA). The petitioner was detained in Junagadh Central Jail. The petitioner argued that there was no material before the detaining authority to indicate that his activities disturbed public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The State, represented by the learned APP, contended that the petitioner was a habitual offender and his activities affected society at large, and that the detention was necessary to prevent him from acting prejudicially to public order in Vadodara. The court, after hearing both sides, found that the detention order was based solely on the petitioner's antecedents and past activities without any material showing a disturbance to public order. The court held that the order was passed mechanically and without application of mind, and therefore quashed and set aside the detention order. The petition was allowed, and the detenue was ordered to be set at liberty forthwith if not required in any other case.
Headnote
A) Preventive Detention - Public Order - Section 3(2) of Gujarat Prevention of Anti-social Activities Act, 1985 - Validity of Detention Order - The court examined whether the detention order was sustainable when the detaining authority failed to provide material indicating that the petitioner's activities affected public order, public health, or public tranquility. The court held that mere registration of FIRs and past antecedents without evidence of disturbance to public order cannot justify preventive detention. The order was passed mechanically without application of mind. (Paras 1-6)
Issue of Consideration
Whether the detention order under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985 was valid when there was no material to show that the petitioner's activities disturbed public order, public health, or public tranquility.
Final Decision
The petition is allowed. The impugned detention order dated 13.01.2026 passed by the Police Commissioner, Vadodara 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
- Public order vs. law and order
- Gujarat Prevention of Anti-social Activities Act
- 1985
- Section 3(2)
- Lack of material
- Mechanical exercise of power
