Case Note & Summary
The petitioner, Mohammadhasan Hakimali Shaikh, through his brother Shaikh Haiderali, filed a petition under Articles 226 and 227 of the Constitution of India challenging a detention order dated 24.12.2025 passed by the Commissioner of Police, Vadodara City under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985 (PASA Act). The petitioner argued that there was no material to show that his activities disturbed public order or public tranquility, and that the order was passed mechanically without application of mind. The detenue was lodged in Lajpor Jail, Surat. 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 to prevent him from acting prejudicially to public order. The court, after hearing both sides, found that the detention order was based on mere registration of FIRs and there was no material to indicate any disturbance to public order. The court held that the order was passed mechanically and without application of mind, and therefore quashed and set aside the detention order, directing the detenue to be set at liberty forthwith.
Headnote
A) Preventive Detention - Public Order - Lack of Material - Section 3(2) of Gujarat Prevention of Anti-social Activities Act, 1985 - The petitioner challenged the detention order dated 24.12.2025 passed by the Commissioner of Police, Vadodara City. The court held that there was no material available with the detaining authority to indicate how public health, public order, or public tranquility was disturbed. The order was passed mechanically without application of mind. Held that the detention order is quashed and set aside. (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 petition is allowed. The detention order dated 24.12.2025 passed by the Commissioner of Police, Vadodara 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
- Public order vs. law and order
- Lack of material
- Mechanical exercise of power
- Section 3(2) of Gujarat Prevention of Anti-social Activities Act
- 1985
Case Details
R/Special Criminal Application No. 516 of 2026
N.S.Sanjay Gowda, D. M. Vyas
Ms. Renu Verma for the petitioner, Mr. Chintan Dave, Addl. Public Prosecutor for the respondent
Mohammadhasan Hakimali Shaikh Thro Shaikh Haiderali
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Nature of Litigation
Special Criminal Application under Articles 226 and 227 of the Constitution of India challenging a preventive detention order.
Remedy Sought
Quashing of detention order dated 24.12.2025 and release of the detenue.
Filing Reason
The petitioner challenged the legality and validity of the detention order passed under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985.
Issues
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.
Submissions/Arguments
Petitioner argued that there was no material to indicate disturbance to public health, public order, or public tranquility, and the order was passed mechanically without application of mind.
Respondent argued that the detenue was a habitual offender and his activities affected society at large, and the order was passed to prevent him from acting prejudicially to public order.
Ratio Decidendi
A preventive detention order under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985 cannot be sustained if there is no material to show that the detenue's activities disturbed public order or public tranquility. The mere registration of FIRs does not constitute such material, and an order passed mechanically without application of mind is invalid.
Judgment Excerpts
Learned advocate for the petitioner vehemently argued that there was no material available with the detention authority to indicate as to how the public health or public order or public tranquility was disturbed in any manner.
Thus, in absence of any such material on record, the order of detention ought not have been passed.
It is further submitted by learned advocate for the petitioner that the impugned order is passed without application of mind and prima facie the order is passed mechanically.
Procedural History
The petitioner filed a Special Criminal Application under Articles 226 and 227 of the Constitution of India challenging the detention order dated 24.12.2025 passed by the Commissioner of Police, Vadodara City under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985. The court heard both sides and delivered judgment on 10.02.2026.
Acts & Sections
- Gujarat Prevention of Anti-social Activities Act, 1985: Section 3(2)
- Constitution of India: Article 226, Article 227
