Case Note & Summary
The petitioner, Jigar @ Lalo Pravinchandra Purani, through his mother Madhuben Pravinchandra Purani, challenged a preventive detention order dated 04.08.2025 passed by the Police Commissioner, Ahmedabad City, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying him as a 'dangerous person'. The detenue was lodged in Bhuj Special Jail. The 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. The State contended that the detenue was a habitual offender and his activities affected society at large. The court, after hearing both sides, found that the detention order was based solely on registration of FIRs and criminal antecedents, without any material showing that the detenue's acts prejudicially affected public order. The court held that the subjective satisfaction of the detaining authority was not supported by any material on record, and thus the order was unsustainable. The petition was allowed, and the detention order was quashed. The detenue was ordered to be set at liberty forthwith unless required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Public Order - Gujarat Prevention of Anti-social Activities Act, 1985, Section 2(c) - The court examined whether the detention order was sustainable when there was no material to show that the detenue's activities affected public order. Held that mere registration of FIRs and criminal antecedents, without evidence of disturbance to public health, public order or public tranquility, cannot justify preventive detention. The order was quashed and set aside. (Paras 1-6)
Issue of Consideration
Whether the detention order passed against the detenue as a 'dangerous person' under the Gujarat Prevention of Anti-social Activities Act, 1985 was valid in the absence of material indicating disturbance to public order.
Final Decision
The petition is allowed. The impugned detention order dated 04.08.2025 passed by the Police Commissioner, Ahmedabad 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
