Case Note & Summary
The petitioner, Nadim @ Bundi S/o Sikandar Shaikh, was preventively detained by an order dated 07.01.2026 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 Vasimkhan S/o Sikandarkhan, challenged the legality and validity of the detention order by way of a special criminal application before the High Court of Gujarat. 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 in any manner, and that the impugned order was passed without application of mind and mechanically. It was also submitted that the detenue was presently detained in Rajkot Jail. The learned Additional Public Prosecutor opposed the petition, contending that the detenue was a habitual offender and his activities affected society at large. The court heard both sides and examined the record. The court observed that the detention order was based on registration of FIRs, but there was no material to show that the activities of the detenue disturbed public order or public tranquility. The court held that in the absence of such material, the detention order could not be sustained and was passed mechanically without application of mind. Consequently, the court allowed the petition, quashed and set aside the detention order dated 07.01.2026, and directed that the detenue 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 under the Act of 1985. The court held that mere registration of FIRs does not constitute material to show that public order or public tranquility was disturbed. In absence of such material, the detention order is unsustainable and passed mechanically. (Paras 1-6) B) Preventive Detention - Subjective Satisfaction - Section 3 of Gujarat Prevention of Anti-social Activities Act, 1985 - Application of Mind - The court found that the detention order was passed without application of mind and mechanically, as there was no material to indicate how the activities of the detenue affected public order. The order was quashed and set aside. (Paras 4-6)
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' was valid when there was no material to show disturbance to public order or public tranquility.
Final Decision
The petition is allowed. The impugned detention order dated 07.01.2026 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
