Case Note & Summary
The petitioner, Radha W/o Udaya Velgu, was preventively detained by an order dated 18.01.2026 passed by the Police Commissioner, Surat City, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying her as a 'dangerous person' under Section 2(c) of the Act. She challenged the detention order through a special criminal application filed by her friend Zala Hitendrasinh Dilipsinh. The petitioner argued that there was no material before the detaining authority to show that her activities disturbed public health, public order or public tranquility, and that the order was passed mechanically without application of mind. The respondent-State contended that the detenue was a habitual offender and her activities affected society at large, justifying the detention to prevent her from acting prejudicially to public order. The court, after hearing both sides, found that the core issue was whether the detention order was valid. Upon examining the record, the court noted that the detaining authority had relied on registration of FIRs but failed to provide any material indicating how public order was disturbed. The court held that mere registration of FIRs does not constitute sufficient material for preventive detention, and the order suffered from non-application of mind. Consequently, the court quashed and set aside 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 - Validity of Detention Order - The detenue was preventively detained as a 'dangerous person' based on registration of FIRs. The court held that in the absence of any material on record to indicate how public health, public order or public tranquility was disturbed, the detention order could not be sustained. The order was passed without application of mind and mechanically. (Paras 1-6)
Issue of Consideration
Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985 was valid in the absence of material indicating disturbance to public health, public order or public tranquility.
Final Decision
The court quashed and set aside the detention order dated 18.01.2026 and directed the release of the detenue forthwith.
Law Points
- Preventive detention
- dangerous person
- public order
- subjective satisfaction
- material on record
