Case Note & Summary
The petitioner, Hardikgiri Mahendragiri Goswami, was preventively detained by the Police Commissioner, Ahmedabad City, under an order dated 27.12.2025, classifying him as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985. The detenue challenged the legality and validity of the detention order through his brother by way of a special criminal application before the Gujarat High Court. The petitioner's counsel argued that there was no material on record to indicate that the detenue's activities disturbed public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The detenue was currently lodged in District Jail, Vadodara. The learned APP opposed the petition, contending that the detenue was a habitual offender whose 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 in a manner prejudicial to public order. The court, after hearing both sides, examined the grounds of detention and found that the detaining authority had relied solely on the registration of FIRs against the detenue. The court noted that there was no material to show that the detenue's alleged activities had any bearing on public order or public tranquility. The court held that the detention order was passed mechanically and without application of mind, and therefore, the order was illegal and invalid. 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) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detenue was preventively detained as a 'dangerous person' based on registration of FIRs. The court held that mere registration of FIRs does not constitute material to show that the detenue's activities affected public order or public tranquility. The detention order was passed mechanically without application of mind and was quashed. (Paras 1-6)
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 that his activities disturbed public order or public tranquility.
Final Decision
The petition is allowed. The detention order dated 27.12.2025 passed by the Police Commissioner, 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
- Lack of material
- Mechanical exercise of power
