Case Note & Summary
The petitioner, Aspak Shah @ Chachu, was preventively detained by an order dated 19.12.2025 passed by the Commissioner of Police, Surat 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, through his brother Aslam Shah, filed a Special Criminal Application before the Gujarat High Court challenging the legality and validity of the detention order. The petitioner's counsel argued that there was no material on record to show 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 learned Additional Public Prosecutor opposed the petition, contending that the detenue 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 registration of criminal cases against the detenue, without any material to indicate that his activities had any bearing on public order. The court observed that the detaining authority had mechanically passed the order without considering the necessity of linking the detenue's actions to a disturbance of public order. 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 detention order was challenged on the ground that there was no material to indicate disturbance to public health, public order, or public tranquility. The court held that in the absence of such material, the order could not be sustained and was passed mechanically. (Paras 4-6)
Issue of Consideration
Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985, branding the detenue as a dangerous person, is sustainable in the absence of material showing disturbance to public order or public tranquility.
Final Decision
Petition allowed. Detention order dated 19.12.2025 quashed. Detenue to be released forthwith unless required in any other case.
Law Points
- Preventive detention
- Dangerous person
- Public order
- Lack of material
- Mechanical exercise of power
