Case Note & Summary
The petitioner, Krish @ Kano S/O Jitendrabhai Bhuva (Patel), was preventively detained by an order dated 20.01.2026 passed by the Commissioner of Police, Surat City, under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985, as a dangerous person. The detenue challenged the legality and validity of the detention order by way of a special criminal application before the High Court of Gujarat. The court heard learned advocate for the petitioner and learned APP 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 submitted that the impugned order was passed without application of mind and mechanically. The detenue was currently detained in Central Jail, Ahmedabad. The learned APP opposed the petition, contending that the detenue was a habitual offender and that the detention was necessary. The court examined the grounds of detention and found that the detaining authority had relied on registration of FIRs for offences under the Indian Penal Code. The court noted that the definition of 'dangerous person' under Section 2(c) of the Act requires that the person's activities must affect adversely or are likely to affect adversely the maintenance of public order. The court observed that the material on record 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. The petition was allowed, and the detenue was ordered to be set at liberty forthwith if not required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Validity of Detention Order - The detenue was preventively detained as a dangerous person based on registration of FIRs for offences under IPC. The court held that mere registration of FIRs does not constitute material to show disturbance to public order or public tranquility. The detention order was passed mechanically without application of mind and was quashed. (Paras 1-6)
Issue of Consideration
Whether the 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 petition is allowed. The impugned detention order dated 20.01.2026 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
- subjective satisfaction
- mechanical exercise of power
