Case Note & Summary
The petitioner, Alok Gopalbhai Ramswaroop Garg, filed a petition under Articles 226 and 227 of the Constitution of India challenging a detention order dated 24.01.2026 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 detained in Rajkot Jail. The petitioner's counsel argued that there was no material before the detaining authority to show that the petitioner's activities disturbed public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The learned Additional Public Prosecutor opposed the petition, contending that the petitioner was a habitual offender whose activities affected society at large, and that the order was passed to prevent him from acting prejudicially to the maintenance of public order in Ahmedabad. The court, after considering the facts and submissions, found that the detaining authority had not placed any material to indicate how the petitioner's activities disturbed public order or public tranquility. The court held that the order was passed without application of mind and mechanically, 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) - Validity of Detention Order - The petitioner challenged the detention order dated 24.01.2026 passed by the Commissioner of Police, Ahmedabad City under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985. The court held that in the absence of any material indicating how public health, public order, or public tranquility was disturbed, the detention order could not be sustained. The order was passed without application of mind and mechanically. (Paras 1-6)
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 tranquility.
Final Decision
The court allowed the petition, quashed and set aside the detention order dated 24.01.2026, and directed that the petitioner be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- Public order
- Lack of material
- Mechanical exercise of power
- Section 3(2) of Gujarat Prevention of Anti-Social Activities Act
- 1985
