Case Note & Summary
The petitioner, Shravan @ Ashwin Hakralalji Kharadi, was preventively detained by an order dated 21.01.2026 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 grandfather Champa Nathu, 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 and without application of mind. It was also submitted that the detenue was currently detained in Bhuj Jail. The learned Additional Public Prosecutor opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large, and that the Detaining Authority had passed the order to prevent him from acting prejudicially to the maintenance of public order. The court, after considering the facts and submissions, identified the core issue as whether the detention order was sustainable in law. The court held that in the absence of any material indicating disturbance to public health, public order, or public tranquility, the detention order could not be sustained. The court found that the order appeared to have been passed mechanically and without application of mind. Consequently, the court allowed the petition and quashed the detention order dated 21.01.2026, directing that the detenue 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 detention order was quashed as there was no material before the Detaining Authority to indicate how public health, public order, or public tranquility was disturbed. The order was passed mechanically and without application of mind. (Paras 1-7)
Issue of Consideration
Whether the detention order passed by the Detaining Authority under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying the detenue as a 'dangerous person', is sustainable in law when there is no material to show disturbance to public health, public order, or public tranquility.
Final Decision
The petition is allowed. The detention order dated 21.01.2026 passed by the Police Commissioner, Ahmedabad City, is quashed and set aside. The detenue, Shravan @ Ashwin Hakralalji Kharadi, is ordered to be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- dangerous person
- public order
- mechanical exercise of power
- lack of material
- Gujarat Prevention of Anti-social Activities Act
- 1985
- Section 2(c)
