Case Note & Summary
The petitioner, Pruthvi @ Lalo Vijaybhai Chunara, through his mother Lataben Vijaybhai Chunara, challenged a preventive detention order dated 05.01.2026 passed by the Police Commissioner, Ahmedabad 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 was detained in Rajkot Jail. The petitioner argued that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed, and that the order was passed mechanically without application of mind. The State opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large, and that the order was passed to prevent him from acting prejudicially to public order. The High Court, after hearing both sides, found that the detention order was based solely on the registration of FIRs and there was no material to show that the detenue's activities disturbed public order. The court held that the order was passed mechanically and without proper application of mind, and therefore quashed the detention order, directing the detenue's release.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) 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 detenue's activities disturbed public order, public health, or public tranquility. The court held that mere registration of FIRs does not suffice to justify preventive detention. (Paras 1-6) B) Preventive Detention - Subjective Satisfaction - Mechanical Exercise - The court found that the detention order was passed mechanically and without application of mind, as the detaining authority failed to consider whether the alleged activities actually affected public order. (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 High Court allowed the petition and quashed the detention order dated 05.01.2026 passed by the Police Commissioner, Ahmedabad City. The detenue was 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
