Case Note & Summary
The petitioner, Prithvi @ Lalo Nareshbhai Mehta, was preventively detained by an order dated 16.12.2025 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 detenu challenged the legality and validity of the detention order by way of a special criminal application before the Gujarat High Court. The detenu was detained in Central Jail, Rajkot. 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. The learned APP opposed the petition, contending that the detenu was a habitual offender and his activities affected society at large, and that the order was passed to prevent him from acting prejudicially to public order. The court considered the core issue of whether the detention order was sustainable in law. Upon careful examination of the order, the court found that the impugned order was executed upon the detenu and that there was no material on record to show that the alleged activities of the detenu disturbed public order. The court held that the detention order could not be sustained and allowed the petition, quashing the detention order and directing the detenu's release forthwith.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material on Public Order - The detention order was quashed as there was no material to indicate how public health, public order or public tranquility was disturbed. The court held that mere past offences without nexus to public order cannot sustain a preventive detention order. (Paras 1-8) B) Preventive Detention - Subjective Satisfaction - Mechanical Exercise of Power - The court found that the impugned order was passed without application of mind and mechanically, as the detaining authority failed to consider whether the alleged activities actually affected public order. (Paras 4, 8)
Issue of Consideration
Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985 classifying the detenu as a 'dangerous person' is sustainable in law when there is no material to show disturbance of public order.
Final Decision
The petition is allowed. The impugned detention order dated 16.12.2025 passed by the Police Commissioner, Ahmedabad City is quashed and set aside. The detenu 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
- mechanical exercise of power
