Case Note & Summary
The petitioner, Abdulkadir Ibrahim Sabu, was preventively detained by an order dated 20.01.2026 passed by the District Magistrate, Chhota Udepur, classifying him as a 'cruel person' under Section 2(bbb) of the Gujarat Prevention of Anti-social Activities Act, 1985. The petitioner challenged the detention order through a petition filed by his son-in-law, Siraj Mohammed Hanif Surti. The High Court heard the learned advocate for the petitioner and the learned APP for the respondent-State. The petitioner's counsel argued that there was no material available with the detaining authority to show how public health, public order, or public tranquility was disturbed, and that the order was passed mechanically without application of mind. The detenue was currently detained in Central Jail, Vadodara. The State opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large, and that the authority had considered his antecedents and past activities. The Court examined the grounds of detention and found that the only material relied upon was the registration of FIRs, which did not indicate any disturbance to public order or public tranquility. The Court held that the detention order was passed mechanically without application of mind and quashed the same, directing the detenue to be set at liberty forthwith unless required in any other case.
Headnote
A) Preventive Detention - Cruel Person - Section 2(bbb) and Section 3 of Gujarat Prevention of Anti-social Activities Act, 1985 - Validity of Detention Order - The petitioner was detained as a 'cruel person' based on registration of FIRs, but there was no material to indicate disturbance to public health, public order, or public tranquility - Held that the detention order was passed mechanically without application of mind and is unsustainable (Paras 1-6).
Issue of Consideration
Whether the preventive detention order classifying the petitioner as a 'cruel person' under the Gujarat Prevention of Anti-social Activities Act, 1985 was valid when there was no material to show disturbance to public order or public tranquility.
Final Decision
The petition is allowed. The impugned detention order dated 20.01.2026 passed by the District Magistrate, Chhota Udepur 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
- Application of mind
- Mechanical exercise of power
