Case Note & Summary
The petitioner, Vishalbhai Jayantibhai Chavda, was preventively detained by an order dated 29.12.2025 passed by the Commissioner of Police, Ahmedabad City, under the Gujarat Prevention of Anti-social Activities Act, 1985, branding him as a 'dangerous person' as defined under Section 2(c) of the Act. The detenue 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 advocate argued that there was no material available with the detaining authority to indicate how public health, public order, or public tranquility was disturbed in any manner, and that the order was passed mechanically and without application of mind. It was also submitted that the impugned order was executed and the detenue was lodged in Bhuj Jail. The learned APP opposed the petition, contending that the detenue was a habitual offender and his activities affected society at large, and that the detaining authority had passed the order considering his antecedents and past activities to prevent him from acting prejudicially to the maintenance of public order in Ahmedabad. The Court examined the grounds of detention and found that the detaining authority had relied on registration of FIRs but there was no material to show that the alleged activities of the detenue had disturbed or were likely to disturb public order. The Court observed that the order was passed without application of mind and mechanically. Consequently, the Court allowed the petition, quashed the detention order, and directed that the detenue be set at liberty forthwith unless required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detenue was preventively detained as a dangerous person based on registration of FIRs. The Court held that there was no material to indicate how public health, public order, or public tranquility was disturbed. The order was passed mechanically and without application of mind, hence liable to be quashed. (Paras 1-6)
Issue of Consideration
Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985, branding the detenue as a 'dangerous person', is sustainable in the absence of material to show that his activities disturbed public order or public tranquility.
Final Decision
The petition is allowed. The impugned detention order dated 29.12.2025 passed by the Commissioner of Police, Ahmedabad 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 versus law and order
- subjective satisfaction
- material on record
