Case Note & Summary
The petitioner, Sahirkhan Alikhan Malek, through his friend Ashrafkhan Manvarkhan Malek, filed a petition under Articles 226 and 227 of the Constitution of India challenging the legality and validity of a detention order dated 22.07.2025 passed by the District Magistrate, Surat under Sub-Section 2 of Section 3 of the Gujarat Prevention of Anti-social Activities Act, 1985 (PASA Act). The petitioner was detained in Central Jail, Ahmedabad. 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, and that the order was passed mechanically without application of mind. The learned APP opposed the petition, contending that the petitioner was a habitual offender whose activities affected society at large, and that the order was passed to prevent him from acting prejudicially to public order in Surat. The court considered the facts and submissions, and found that the detention order was passed without any material showing disturbance to public order. The court held that the order was passed mechanically and without application of mind, and therefore quashed and set aside the detention order. The petition was allowed.
Headnote
A) Preventive Detention - Gujarat Prevention of Anti-social Activities Act, 1985 - Section 3(2) - Validity of Detention Order - The petitioner challenged the detention order dated 22.07.2025 passed by the District Magistrate, Surat under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985. The court held that there was no material on record to indicate how the petitioner's activities disturbed public health, public order, or public tranquility. The order was passed mechanically without application of mind and was therefore quashed and set aside. (Paras 1-6)
Issue of Consideration
Whether the detention order under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985 was valid when there was no material to show that the petitioner's activities disturbed public order or public tranquility.
Final Decision
The petition is allowed. The detention order dated 22.07.2025 passed by the District Magistrate, Surat under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985 is quashed and set aside. The petitioner is ordered to be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- Public order vs. law and order
- Gujarat Prevention of Anti-social Activities Act
- 1985
- Section 3(2)
- Lack of material
- Mechanical exercise of power
