Case Note & Summary
The petitioner, Shekhar @ Jigo Chakabhai Dantani (Devipujak), was preventively detained by the Commissioner of Police, Ahmedabad City, vide order dated 16.12.2025, as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985. The detenue, through his sister Vaghri Romaben Vinodbhai, filed a Special Criminal Application before the Gujarat High Court challenging the legality and validity of the detention order. The petitioner argued that there was no material on record to show how public health, public order, or public tranquility was disturbed, and that the order was passed without application of mind and mechanically. The State, represented by the learned APP, contended that the detenue was a habitual offender and his activities affected society at large. The court, after hearing both sides, examined the grounds of detention and found that the only material relied upon was the registration of FIRs, which pertained to law and order issues and did not indicate any disturbance to public order. The court noted that the detaining authority had not provided any material to show that the alleged activities of the detenue had a detrimental effect on public order. Consequently, the court held that the subjective satisfaction of the detaining authority was not based on valid material, and the detention order was unsustainable. The court quashed and set aside the detention order and directed that the detenue be released 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 - Requirement 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 1-6)
Issue of Consideration
Whether the preventive detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985 was valid in the absence of material showing disturbance to public order or public tranquility.
Final Decision
The court allowed the petition, quashed and set aside the detention order dated 16.12.2025, and directed that the detenue be released forthwith unless required in any other case.
Law Points
- Preventive detention requires material to show disturbance to public order
- not just law and order
- mere registration of FIRs does not constitute sufficient material
- detention order must be based on application of mind and not passed mechanically.
