Case Note & Summary
The petitioner, Dharmeshbhai @ Dharmesh Bharatkumar Doshi, was preventively detained by an order dated 08.01.2026 passed by the Police Commissioner, Rajkot 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 Doshi Bharatkumar Ishwarlal, filed a Special Criminal Application before the Gujarat High Court challenging the legality and validity of the detention order. 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 in any manner, and that the order was passed mechanically without application of mind. The detenue was lodged in Vadodara Central Jail. The State, represented by the learned APP, contended 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 to prevent him from acting prejudicially to the maintenance of public order in Rajkot. The court, after hearing both sides, examined the core issue of whether the detenue's activities disturbed public order or merely law and order. The court noted that the detention order was based on registration of FIRs, but there was no material to show that the detenue's acts had any impact on public order. The court held that the subjective satisfaction of the detaining authority was not supported by any material, and the order appeared to have been passed mechanically. Consequently, the court allowed the petition, quashed the detention order, and directed the release of the detenue forthwith.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Public Order - The court examined whether the detenue's activities, based on registration of FIRs, amounted to disturbance of public order or merely law and order. Held that in the absence of any material indicating that public health, public order or public tranquility was disturbed, the detention order cannot be sustained. (Paras 6-7) B) Preventive Detention - Subjective Satisfaction - Lack of Material - The court found that the detention order was passed mechanically without application of mind, as there was no material to show how the detenue's acts affected public order. Held that the order is liable to be quashed. (Paras 6-7)
Issue of Consideration
Whether the detention order classifying the detenue as a 'dangerous person' under 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 detention order dated 08.01.2026 passed by the Police Commissioner, Rajkot City is quashed and set aside. The detenue is ordered to be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- dangerous person
- public order versus law and order
- subjective satisfaction
- lack of material
- mechanical exercise of power
