Case Note & Summary
The petitioner, Rahim Karim Shaikh, was preventively detained by the District Magistrate, Surat, under the Gujarat Prevention of Anti-social Activities Act, 1985, as a 'cruel person' as defined in Section 2(bbb) of the Act. The detention order was dated 05.01.2026. The petitioner, through his wife Shaikh Saminabi, challenged the legality and validity of the order before the High Court of Gujarat. The petitioner's advocate argued that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed in any manner. It was further submitted that the impugned order was passed without application of mind and mechanically. The learned Additional Public Prosecutor opposed the petition, contending that the detenue was a habitual offender and his activities affected society at large. The court, after hearing both sides, found that the grounds of detention did not contain any material to show that the petitioner's activities had disturbed or were likely to disturb public order or public tranquility. The court noted that the definition of 'cruel person' under Section 2(bbb) requires that the person's activities affect adversely or are likely to affect adversely the maintenance of public order. Since the grounds lacked such material, the detention order was held to be unsustainable. The court allowed the petition, quashed the detention order, and directed the petitioner's release forthwith.
Headnote
A) Preventive Detention - Cruel Person - Section 2(bbb) Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detention order was quashed as there was no material on record to indicate that the petitioner's activities disturbed public health, public order, or public tranquility. The court held that in the absence of such material, the order could not be sustained. (Paras 1-6)
Issue of Consideration
Whether the preventive detention order classifying the petitioner as a 'cruel person' under Section 2(bbb) of the Gujarat Prevention of Anti-social Activities Act, 1985 was valid when there was no material to show disturbance to public health, public order, or public tranquility.
Final Decision
The petition is allowed. The detention order dated 05.01.2026 passed by the District Magistrate, Surat, 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
- Cruel person
- Public order
- Public tranquility
- Application of mind
- Mechanical order
