Case Note & Summary
The petitioner, Sagar @ Saglo Kantilal Kavaji Gameti, was preventively detained by an order dated 07.01.2026 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, through his father Kantilal Kavaji Gameti, challenged the legality and validity of the detention order by way of a Special Criminal Application before the Gujarat High Court. The petitioner's counsel 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 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 to prevent him from acting prejudicially to public order. The court, after considering the submissions, identified the core issue as whether the order was valid when there was no material to show disturbance to public order. The court noted that the detention order was based solely on registration of FIRs, which at best could indicate a law and order problem, not a public order problem. The court held that the subjective satisfaction of the detaining authority must be based on credible material indicating a disturbance to public order, and in the absence of such material, the detention order cannot be sustained. Consequently, the court quashed and set aside the detention order and 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 - The detention order was quashed as there was no material available with the detention authority to indicate how public health, public order or public tranquility was disturbed in any manner. The court held that mere registration of FIRs does not justify preventive detention without evidence of disturbance to public order. (Paras 6-7)
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 disturbance to public order, public health, or public tranquility.
Final Decision
The court quashed and set aside the detention order dated 07.01.2026 passed by the Police Commissioner, Ahmedabad City, and directed that the detenue be set at liberty forthwith unless his detention was 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
