Case Note & Summary
The petitioner, Sanjay @ Cherry Kanubhai Joyetaji Dabhi (Bhilrana), was preventively detained by an order dated 11.12.2025 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, through his wife Nikitaben Sanjaybhai Dabhi (Bhilrana), filed a Special Criminal Application before the Gujarat High Court challenging the legality and validity of the detention order. 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, represented by the learned APP, contended that the detenue was a habitual offender and his activities affected society at large, justifying the detention to prevent him from acting prejudicially to public order. The court examined the core issue of whether the detention order was sustainable in law. Upon considering the facts and submissions, the court noted that the detention order was based on two criminal cases registered against the detenue, but there was no material on record to show that his alleged activities had disturbed public order or public tranquility. The court held that the detaining authority's subjective satisfaction was not supported by any evidence linking the detenue's actions to a threat to public order. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue's release from Rajkot Central Jail unless 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 - The detention order was based on two FIRs registered against the detenue, but there was no material to show that his activities affected public order, public health, or public tranquility. The court held that mere registration of FIRs does not justify preventive detention unless there is evidence of disturbance to public order. (Paras 1-8) B) Preventive Detention - Subjective Satisfaction - Lack of Application of Mind - The court found that the detention order was passed mechanically without proper application of mind, as the detaining authority failed to consider whether the alleged activities actually prejudiced public order. The order was quashed and set aside. (Paras 4-8)
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 indicate disturbance to public order.
Final Decision
The petition is allowed. The impugned detention order dated 11.12.2025 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
- Gujarat Prevention of Anti-social Activities Act
- 1985
