Case Note & Summary
The petitioner, Ashish @ Golu Bihari S/o Anilsinh Ramani, was preventively detained by an order dated 19.01.2026 passed by the Police Commissioner, Surat City, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying him as a 'dangerous person' under Section 2(c) of the Act. The detenue challenged the legality and validity of the detention order through a petition filed by his friend Gupta Veer Ramvilas. The High Court of Gujarat heard the matter. 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, and that the order was passed without application of mind and mechanically. 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 considering his antecedents and past activities to prevent him from acting prejudicially to the maintenance of public order in Surat. The court, after hearing both sides, examined the record and found that the detaining authority had relied on two criminal cases registered against the detenue, but there was no material to show that the detenue's activities disturbed public order, public health, or public tranquility. The court held that the order was passed mechanically and without application of mind, and therefore quashed and set aside the detention order. The court directed that the detenue be set at liberty forthwith unless his detention was required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Requirement of Material Showing Disturbance to Public Order - The detention order was quashed as there was no material on record to indicate that the detenue's activities disturbed public order, public health, or public tranquility. The court held that mere registration of FIRs and past activities without linkage to public order cannot sustain a preventive detention order. (Paras 4, 6) B) Preventive Detention - Subjective Satisfaction - Mechanical Exercise of Power - The court found that the detention order was passed without application of mind and mechanically, as the detaining authority failed to consider whether the alleged activities actually affected public order. The order was set aside. (Paras 4, 6)
Issue of Consideration
Whether the detention order classifying the detenue as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985 was valid when there was no material to show that his activities disturbed public order, public health, or public tranquility.
Final Decision
The petition is allowed. The impugned order of detention dated 19.01.2026 passed by the Police Commissioner, Surat 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
- dangerous person
- public order
- subjective satisfaction
- material on record
- mechanical exercise of power
