Case Note & Summary
The petitioner, Parvejkhan @ Raja Mustakkhan Pathan, was preventively detained by an order dated 25.12.2025 passed by the Police Commissioner, Ahmedabad, 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 Furkan Mustakkhan Pathan, challenged the legality and validity of the detention order by way of a special criminal application before the High Court of Gujarat. The petitioner argued that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed in any manner, and that the impugned order was passed without application of mind and mechanically. The learned APP opposed the petition, contending that the detenue was a habitual offender and his activities affected society at large. The court, after hearing both sides, found that the detention order was passed mechanically and without application of mind, as there was no material to show any disturbance to public order. The court allowed the petition, quashed the detention order, and directed the detenue to be set at liberty forthwith.
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 under the Act of 1985. The court held that in absence of any material to indicate how public health, public order, or public tranquility was disturbed, the detention order could not be sustained. The order was passed mechanically without application of mind. (Paras 1-6)
Issue of Consideration
Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985 classifying the detenue as a 'dangerous person' is valid when there is no material to show disturbance to public order.
Final Decision
The court allowed the petition, quashed the detention order dated 25.12.2025, and directed that the detenue be set at liberty forthwith.
Law Points
- Preventive detention
- Dangerous person
- Public order
- Lack of material
- Mechanical exercise of power
Case Details
2026 LawText (GUJ) (02) 1124
R/SPECIAL CRIMINAL APPLICATION NO. 506 of 2026
N.S.Sanjay Gowda, D. M. Vyas
Mr. Sanjay Prajapati for the petitioner, Mr. Chintan Dave, Addl. Public Prosecutor for the respondent
Parvejkhan @ Raja Mustakkhan Pathan (through brother Furkan Mustakkhan Pathan)
Police Commissioner Ahmedabad City & Ors.
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Nature of Litigation
Special criminal application challenging preventive detention order
Remedy Sought
Quashing of detention order and release of detenue
Filing Reason
Detenue was preventively detained as a dangerous person under the Gujarat Prevention of Anti-social Activities Act, 1985 without sufficient material
Issues
Whether the detention order classifying the detenue as a dangerous person under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985 is valid when there is no material to show disturbance to public order.
Submissions/Arguments
Petitioner argued that there was no material to indicate disturbance to public health, public order, or public tranquility, and the order was passed mechanically without application of mind.
Respondent contended that the detenue is a habitual offender and his activities affected society at large.
Ratio Decidendi
Preventive detention under the Gujarat Prevention of Anti-social Activities Act, 1985 requires material to show that the activities of the detenue disturb public order. In absence of such material, the detention order is unsustainable and amounts to mechanical exercise of power.
Judgment Excerpts
there was no material available with the detention authority to indicate as to how the public health or public order or public tranquility was disturbed in any manner.
the impugned order is passed without application of mind and prima facie the order is passed mechanically.
Procedural History
The detenue was preventively detained by order dated 25.12.2025 passed by the Police Commissioner, Ahmedabad. The detenue, through his brother, filed a special criminal application before the High Court of Gujarat challenging the order. The court heard both sides and delivered judgment on 10.02.2026.
Acts & Sections
- Gujarat Prevention of Anti-social Activities Act, 1985: 2(c)
