Case Note & Summary
The petitioner, Kamleshkumar @ Kamleshbhai Ramdev Ray, was preventively detained by the Commissioner of Police, Surat City, under the Gujarat Prevention of Anti-social Activities Act, 1985, as a 'dangerous person' as defined under Section 2(c) of the Act. The detention order was dated 23.01.2026. The detenue challenged the legality and validity of the order through a petition filed by his friend Chandrakala Devi Kamlesh Ray. The High Court heard the learned advocate for the petitioner and the learned Additional Public Prosecutor for the respondent-State. The petitioner's counsel argued that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed. It was further submitted that the impugned order was passed without application of mind and mechanically. The learned APP opposed the petition. The court examined the grounds of detention and found that the only material relied upon was registration of FIRs for offences under the Indian Penal Code. The court noted that the detaining authority had not recorded any satisfaction that the alleged activities of the detenue had disturbed or were likely to disturb public order. The court held that the order was passed mechanically and without proper application of mind. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue's release forthwith.
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. The court held that in absence of any material indicating disturbance to public health, public order, or public tranquility, the detention order cannot be sustained. The order was passed mechanically without application of mind. (Paras 1-6)
Issue of Consideration
Whether the detention order 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 detention order dated 23.01.2026 passed by the Commissioner of Police, Surat 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
