Case Note & Summary
The petitioner, Irshad @ Bade S/o Mohammad Rafik Khan, was preventively detained by an order dated 09.01.2026 passed by the Commissioner of Police, Surat City, Surat, under the Gujarat Prevention of Anti-social Activities Act, 1985, branding him as a 'dangerous person' as defined under Section 2(c) of the Act. The detenue, through his brother Samir S/o Mohammad Rafik Khan, challenged the legality and validity of the detention order by way of a Special Criminal Application before the High Court of Gujarat at Ahmedabad. The petitioner's advocate argued that there was no material available with the detaining authority to indicate how public health, public order, or public tranquility was disturbed, and that the order was passed mechanically without application of mind. The learned Additional Public Prosecutor opposed the petition, contending 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 and past activities to prevent him from acting prejudicially to public order in Surat. The court, after hearing both sides, examined the grounds of detention and found that the detaining authority had relied solely on the registration of criminal cases against the detenue. The court held that the mere registration of FIRs does not constitute material to show that the activities of the detenue had disturbed or were likely to disturb public order. The court emphasized that the detaining authority must have credible material to indicate a threat to public order, and in the absence of such material, the detention order cannot be sustained. The court also noted that the order was passed mechanically without proper application of mind. Consequently, the court allowed the petition, quashed the detention order, and directed that the detenue be set at liberty forthwith unless required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Validity of Detention Order - Detenue was preventively detained as a dangerous person based on registration of FIRs - Court held that mere registration of FIRs does not constitute material to show that public order was disturbed - Detention order passed mechanically without application of mind - Held that the order was unsustainable and quashed (Paras 1-6).
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', was valid when there was no material to show disturbance to public order.
Final Decision
The petition is allowed. The detention order dated 09.01.2026 passed by the Commissioner of Police, Surat City, Surat 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
- subjective satisfaction
- material on record
- mechanical exercise of power
