Case Note & Summary
The petitioner, Akash @ Kiran @ Kira Mom S/O Deva Bhamre, was preventively detained by an order dated 18.01.2026 passed by the Commissioner of Police, Surat, under the Gujarat Prevention of Anti-social Activities Act, 1985, as a 'dangerous person' as defined 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 High Court of Gujarat. The detenu'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, and that the order was passed mechanically without application of mind. The detenu was currently detained in District Central Jail, Ahmedabad. The learned APP opposed the petition, contending that the detenu 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, considered the facts and submissions. The court found that there was no material to show that the detenu's activities disturbed public order. The detention order was quashed and set aside, and the detenu was ordered to be released forthwith unless required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Public Order - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - The detenu was preventively detained as a dangerous person. The court held that there was no material to indicate how public health, public order, or public tranquility was disturbed. The order was passed mechanically without application of mind and was quashed. (Paras 1-6)
Issue of Consideration
Whether the detention order passed against the detenu as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985, was valid in the absence of material showing disturbance to public order.
Final Decision
The detention order dated 18.01.2026 passed by the Commissioner of Police, Surat, is quashed and set aside. The detenu is ordered to be released forthwith unless required in any other case.
Law Points
- Preventive detention
- dangerous person
- public order
- Section 2(c) of Gujarat Prevention of Anti-social Activities Act
- 1985
- lack of material
- mechanical order
