Case Note & Summary
The petitioner, Keval S/o Mavjibhai Tejani, 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 him as a 'dangerous person' under Section 2(c) of the Act. He 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 on record to show that the detenue's activities disturbed public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The State, represented by the learned APP, contended that the detenue was a habitual offender whose activities affected society at large, and the order was passed to prevent him from acting prejudicially to public order. The court examined the core issue of whether the detention order was sustainable in law. After considering the facts and submissions, the court found that the impugned order was executed upon the petitioner and he was detained in Ahmedabad Central Jail. However, upon careful perusal of the order, the court noted that there was no material to indicate how public order was disturbed. The court held that the order was passed mechanically and without application of mind, and therefore quashed and set aside the detention order, directing the detenue's release forthwith unless required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Public Order - Gujarat Prevention of Anti-social Activities Act, 1985, Section 2(c) - The detenue was preventively detained as a 'dangerous person' under the Act. The court held that there was no material before the detaining authority to indicate how public health, public order or public tranquility was disturbed. In the absence of such material, the order of detention could not be sustained and was quashed. (Paras 1, 4, 6-8)
Issue of Consideration
Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985, branding the detenue as a 'dangerous person', is sustainable in law when there is no material to show disturbance to public order.
Final Decision
The court quashed and set aside the detention order dated 18.01.2026 passed by the Police Commissioner, Surat City, and directed that the detenue be set at liberty forthwith unless required in any other case.
Law Points
- Preventive detention
- dangerous person
- public order vs law and order
- subjective satisfaction
- lack of material
- mechanical exercise of power
