Case Note & Summary
The petitioner, Vishal @ Vishu Sidubhai Mayani, through his mother Sonalben Sidubhai Mayani, challenged the preventive detention order dated 31.12.2025 passed by the District Magistrate, Devbhoomi Dwarka, 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 was lodged in Central Jail, Vadodara. The petitioner argued that there was no material before the detaining authority to show that his activities disturbed public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The State opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large. The court, after hearing both sides, found that the detention order was based solely on the registration of criminal cases against the detenue, without any material to establish a threat to public order. The court held that the subjective satisfaction of the detaining authority was not supported by any credible material, and the order was passed in a mechanical manner. Consequently, the court quashed the detention order and directed the release of the detenue 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 detained as a dangerous person under the Act. The court held that in the absence of any material indicating disturbance to public health, public order, or public tranquility, 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 was valid when there was no material to show disturbance to public order or public tranquility.
Final Decision
The court allowed the petition, quashed the detention order dated 31.12.2025, and directed the release of the detenue forthwith.
Law Points
- Preventive detention
- Dangerous person
- Public order
- Lack of material
- Mechanical exercise of power
