Case Note & Summary
The petitioner, Fardin @ Bokha Soyebbhai Kureshi, was preventively detained by the Police Commissioner, Ahmedabad City, under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985, as a 'dangerous person'. The detention order dated 08.01.2026 was challenged by the detenue through his brother Sadik Soyebbhai Kureshi. The petitioner argued that there was no material to show disturbance to public health, public order, or public tranquility, and the order was passed mechanically without application of mind. The State opposed, contending that the detenue was a habitual offender affecting society. The High Court, after hearing both sides, found that the detention order was based solely on the detenue's antecedents and past activities, without any material to indicate a disturbance to public order. The court held that the order was passed mechanically and without application of mind, and thus quashed the detention order, directing the release of the detenue forthwith.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detention order was quashed as there was no material to indicate how public health, public order or public tranquility was disturbed. The order was passed mechanically without application of mind. (Paras 1-8)
Issue of Consideration
Whether the order of detention passed by the Detaining Authority under the Gujarat Prevention of Anti-social Activities Act, 1985 is sustainable in law when there is no material to show disturbance to public order.
Final Decision
The High Court quashed the detention order dated 08.01.2026 and directed the release of the detenue forthwith.
Law Points
- Preventive detention
- dangerous person
- public order
- mechanical exercise of power
- lack of material
- Gujarat Prevention of Anti-social Activities Act
- 1985
Case Details
2026 LawText (GUJ) (02) 1150
R/Special Criminal Application No. 805 of 2026
N.S.Sanjay Gowda, D. M. Vyas
O I Pathan for the Applicant, Mr. Pranav U. Dhagat, APP for the Respondent
Fardin @ Bokha Soyebbhai Kureshi through Sadik Soyebbhai Kureshi
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Challenge to preventive detention order under the Gujarat Prevention of Anti-social Activities Act, 1985.
Remedy Sought
Quashing of the detention order and release of the detenue.
Filing Reason
The detenue was preventively detained as a 'dangerous person' without sufficient material to show disturbance to public order.
Issues
Whether the detention order under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985 is sustainable without material showing disturbance to public order.
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 contended that the detenue is a habitual offender and his activities affected society at large, justifying the detention.
Ratio Decidendi
A preventive detention order under the Gujarat Prevention of Anti-social Activities Act, 1985 cannot be sustained if there is no material to show that the activities of the detenue disturbed public order. The order must be based on application of mind and not passed mechanically.
Judgment Excerpts
The core issue that arises is whether the order of detention passed by the Detaining Authority in exercise of its powers under the provisions of the Act of 1985 is sustainable in law or not?
We are of the considered view that the order of detention is not sustainable in law.
Procedural History
The detenue was detained vide order dated 08.01.2026 by the Police Commissioner, Ahmedabad City. The detenue filed a petition through his brother challenging the order. The High Court heard the matter and delivered judgment on 12.02.2026.
Acts & Sections
- Gujarat Prevention of Anti-social Activities Act, 1985: Section 2(c)
