Case Note & Summary
The petitioner, Daudbhai Ishakbhai Ismailbhai Shaikh, was preventively detained by an order dated 30.01.2026 passed by the Police Commissioner, Ahmedabad City, classifying him as a 'cruel person' under Section 2(bbb) of the Gujarat Prevention of Anti-social Activities Act, 1985. The petitioner challenged the legality and validity of the detention order through his brother. The High Court heard the learned counsel for the petitioner and the learned APP for the respondent-State. 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. It was also submitted that the petitioner was detained in Vadodara Jail. The learned APP opposed the petition, contending that the petitioner was a habitual offender and his activities affected society at large. The court considered the submissions and found that the detention order was based solely on the registration of FIRs without any material showing that the petitioner's activities disturbed public order or public tranquility. The court held that the order was passed mechanically and without application of mind, and therefore quashed the detention order. The petition was allowed, and the detenue was ordered to be set at liberty forthwith.
Headnote
A) Preventive Detention - Cruel Person - Section 2(bbb) 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 petitioner's activities disturbed public health, public order, or public tranquility. The court held that mere registration of FIRs does not justify preventive detention without evidence of threat to public order. (Paras 1-6)
Issue of Consideration
Whether the detention order classifying the petitioner as a 'cruel person' under Section 2(bbb) 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 or public tranquility.
Final Decision
The petition is allowed. The impugned order of detention dated 30.01.2026 passed by the Police Commissioner, Ahmedabad City is quashed and set aside. The detenue is ordered to be set at liberty forthwith.
Law Points
- Preventive detention
- Cruel person
- Public order
- Mechanical exercise of power
- Lack of material
