Case Note & Summary
The petitioner, Mohamad Azhar @ Mohamad Kaniyo Salimbhai Maniyar, was preventively detained by an order dated 13.01.2026 passed by the Police Commissioner, Ahmedabad, 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 sister Shaikh Nasibabanu Asfakbhai, challenged the legality and validity of the detention order by way of a special criminal application before the High Court of Gujarat. 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. It was also submitted that the order was executed and the detenue was lodged in Vadodara Jail. 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 public order. The court, after hearing both sides, found that the detention order was passed without any material to show disturbance to public order 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 detenue was ordered to be set at liberty forthwith if not required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detenue was preventively detained as a dangerous person. The court found that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed. The order was passed mechanically and without application of mind. Held that the detention order was illegal and liable to be quashed. (Paras 1-6)
Issue of Consideration
Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985 classifying the detenue as a dangerous person was valid when there was no material to show disturbance to public order or public tranquility.
Final Decision
The court quashed and set aside the detention order dated 13.01.2026 passed by the Police Commissioner, Ahmedabad. 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
- Lack of material
- Mechanical exercise of power
