Case Note & Summary
The petitioner, Mohammad Saddam Mohammadaasif Kureshi, was preventively detained by an order dated 23.01.2026 passed by the Commissioner of Police, Ahmedabad, under the Gujarat Prevention of Anti-Social Activities Act, 1985, classifying him as a 'cruel person' as defined under Section 2(bbb) of the Act. The petitioner, through his brother Mohammad Umar Mohammad Asif Kureshi, challenged the legality and validity of the detention order by way of a Special Criminal Application before the Gujarat High Court. The petitioner's counsel argued that there was no material available with the detaining authority to indicate that the petitioner's activities disturbed public health, public order, or public tranquility. It was further submitted that the impugned order was passed without application of mind and mechanically. The learned Additional Public Prosecutor opposed the petition, contending that the petitioner 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, examined the core issue of whether the detention order was sustainable. The court found that there was no material on record to show that the petitioner's activities had disturbed public order. The court observed that the detaining authority had mechanically passed the order without proper application of mind. Consequently, the court allowed the petition, quashed the detention order, and directed the petitioner's release from detention in Central Jail, Surat, unless his detention was required in any other case.
Headnote
A) Preventive Detention - Cruel Person - Section 2(bbb) of Gujarat Prevention of Anti-Social Activities Act, 1985 - Lack of Material - The petitioner was detained as a 'cruel person' but there was no material to indicate that public health, public order, or public tranquility was disturbed. The court held that mere registration of FIRs without material showing disturbance to public order cannot sustain a preventive detention order. (Paras 1-6) B) Preventive Detention - Mechanical Exercise of Power - Section 2(bbb) of Gujarat Prevention of Anti-Social Activities Act, 1985 - The detention order was passed without application of mind and mechanically. The court held that the detaining authority must have cogent material to justify preventive detention, and in its absence, the order is liable to be quashed. (Paras 4-6)
Issue of Consideration
Whether the order of preventive detention passed against the petitioner as a 'cruel person' under the Gujarat Prevention of Anti-Social Activities Act, 1985 is legal and valid when there is no material to show that his activities disturbed public order.
Final Decision
The petition is allowed. The impugned detention order dated 23.01.2026 passed by the Commissioner of Police, Ahmedabad 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
- Cruel person
- Public order
- Section 2(bbb) of Gujarat Prevention of Anti-Social Activities Act
- 1985
- Lack of material
- Mechanical exercise of power
