Case Note & Summary
The petitioner, Arjun S/O Santosh Divare, through his mother Rekha Santosh Divare, challenged the preventive detention order dated 10.01.2026 passed by the Police Commissioner, Surat City, classifying him as a 'Dangerous Person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985. The detenu was detained in Central Jail, Ahmedabad. The petitioner argued that there was no material before the detaining authority to show that the detenu's activities disturbed public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The State opposed, contending that the detenu was a habitual offender whose activities affected society at large. The court, after hearing both sides, found that the detention order was based solely on the detenu's antecedents and lacked any material indicating a threat to public order. The court held that preventive detention cannot be justified merely on the basis of criminal antecedents without evidence of disturbance to public order. Consequently, the court quashed the detention order and directed the immediate release of the detenu.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detention order was quashed as there was no material to indicate that the detenu's activities disturbed public health, public order, or public tranquility. The court held that mere criminal antecedents without affecting public order cannot justify preventive detention (Paras 1-6).
Issue of Consideration
Whether the detention order classifying the detenu as a 'Dangerous Person' under the Gujarat Prevention of Anti-social Activities Act, 1985 was valid in the absence of material showing disturbance to public order.
Final Decision
The court quashed the detention order dated 10.01.2026 passed by the Police Commissioner, Surat City, and directed the immediate release of the detenu, Arjun S/O Santosh Divare, from detention.
Law Points
- Preventive detention
- Dangerous Person
- Public order
- Lack of material
- Mechanical order
