Case Note & Summary
The petitioner, Devendrasinh Dhagalsinh Rajput, through his wife Rekha Devendrasinh Rajput, filed a Special Criminal Application under Articles 226 and 227 of the Constitution of India challenging a detention order dated 21.01.2026 passed by the Commissioner of Police, Ahmedabad City under Sub-Section 2 of Section 3 of the Gujarat Prevention of Anti-social Activities Act, 1985 (PASA). The petitioner contended that there was no material available with the detention authority to show how public health, public order, or public tranquility was disturbed. The learned advocate for the petitioner argued that the impugned order was passed without application of mind and mechanically. The petitioner was detained in Bhuj Jail. The learned APP opposed the petition, arguing 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 based solely on registration of FIRs without any material indicating that the petitioner's activities disturbed public order or public health. The court held that the order was passed mechanically and without application of mind, and therefore quashed and set aside the detention order. The court directed that the petitioner be set at liberty forthwith if not required in any other case.
Headnote
A) Preventive Detention - Gujarat Prevention of Anti-social Activities Act, 1985 - Section 3(2) - Public Order - The detention order was challenged on the ground that there was no material to indicate disturbance to public order or public health. The court held that mere registration of FIRs does not justify preventive detention unless the activities affect public order. The order was passed mechanically without application of mind. (Paras 1-5)
Issue of Consideration
Whether the detention order under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985 was valid when there was no material to show that the petitioner's activities disturbed public order or public health.
Final Decision
The court quashed and set aside the detention order dated 21.01.2026 passed by the Commissioner of Police, Ahmedabad City under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985. The petitioner was directed to be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- Public order vs. law and order
- Gujarat Prevention of Anti-social Activities Act
- 1985
- Section 3(2)
- Lack of material
- Mechanical exercise of power
