Case Note & Summary
The petitioner, Sohel @ Allu S/o Ghulam Sadiq Shaikh, was preventively detained by the Commissioner of Police, Surat, under the Gujarat Prevention of Anti-social Activities Act, 1985, as a 'dangerous person' under Section 2(c) of the Act. The detention order dated 18.01.2026 was challenged by the detenue through a Special Criminal Application before the Gujarat High Court. The detenue argued that there was no material on record to indicate how his activities disturbed public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The State, represented by the learned APP, contended that the detenue was a habitual offender and his activities affected society at large, justifying the detention to prevent him from acting prejudicially to public order. The High Court, after hearing both sides, found that the detention order was based solely on the registration of FIRs and lacked any material to show a disturbance to public order. The court held that the subjective satisfaction of the detaining authority was not supported by adequate material, and the order was passed mechanically. 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 - Requirement of Material - The detaining authority must have material to show that the activities of the detenue are prejudicial to maintenance of public order. Mere registration of FIRs without evidence of disturbance to public health, public order or public tranquility is insufficient. Held that the order was passed mechanically without application of mind (Paras 4, 6).
Issue of Consideration
Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985 was valid in the absence of material indicating disturbance to public order or public tranquility.
Final Decision
The court allowed the petition, quashed the detention order dated 18.01.2026, and directed the detenue to be set at liberty forthwith.
Law Points
- Preventive detention
- dangerous person
- public order
- subjective satisfaction
- material on record
- mechanical exercise of power
