Case Note & Summary
The petitioner, Lilaben Dashrathbhai Dineshbhai Salat, was preventively detained by an order dated 29.12.2025 passed by the Commissioner of Police, Ahmedabad, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying her as a 'dangerous person' under Section 2(c) of the Act. Through her mother-in-law, Salat Madhuben Dineshbhai, she 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 before the detaining authority to show that the detenue's activities disturbed public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. It was also submitted that the detenue was currently detained in Bhuj Jail. The learned Additional Public Prosecutor 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 not sustainable as there was no material to indicate any disturbance to public order or public tranquility. The court held that the order was passed mechanically and without application of mind, and therefore quashed and set aside the detention order. 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 court considered whether the detention order was sustainable in the absence of material indicating disturbance to public health, public order, or public tranquility - Held that mere registration of FIRs does not constitute sufficient material to justify preventive detention as a dangerous person, and the order was passed mechanically without application of mind (Paras 1-5).
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 or public tranquility.
Final Decision
The court quashed and set aside the detention order dated 29.12.2025 passed by the Commissioner of Police, Ahmedabad, and directed that the detenue be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- Dangerous person
- Public order
- Lack of material
- Mechanical exercise of power
