Case Note & Summary
The petitioner, Sumit @ Bali Vikrambhai Chunara, through his uncle Anil Dipakbhai Chunara, challenged the legality and validity of a preventive detention order dated 01.01.2026 passed by the Commissioner of Police, Ahmedabad City, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying him as a 'dangerous person' under Section 2(c) of the Act. The detenue was lodged in Rajkot Jail. The petitioner's counsel argued that there was no material before the detention authority to indicate how public health, public order, or public tranquility was disturbed, and that the order was passed mechanically and without application of mind. The learned Additional Public Prosecutor opposed the petition. The court, after hearing both sides, found that the detention order was passed without any material showing disturbance to public order and was thus mechanical. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue's release forthwith unless required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detenue was preventively detained as a dangerous person. The court held that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed. The order was passed mechanically and without application of mind. (Paras 1-4) B) Preventive Detention - Validity - Mechanical Exercise of Power - The court found that the impugned order was passed without application of mind and prima facie mechanically. The mere registration of FIRs does not justify preventive detention. (Para 4)
Issue of Consideration
Whether the preventive detention order passed against the detenue 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 01.01.2026 passed by the Commissioner of Police, Ahmedabad City 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
- Dangerous person
- Public order
- Section 2(c) Gujarat Prevention of Anti-social Activities Act
- 1985
- Lack of material
- Mechanical exercise of power
