Case Note & Summary
The petitioner, Sohel @ Raja Chandmiya Shaikh, through his brother Mohammed Aman Chandmiya Shaikh, challenged the legality and validity of a preventive detention order dated 29.01.2026 passed by the Commissioner of Police, Ahmedabad, under the Gujarat Prevention of Anti-social Activities Act, 1985, branding him as a dangerous person under Section 2(c) of the Act. The detenue was lodged in Rajkot Jail pursuant to the order. The petitioner's counsel argued that there was no material before 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 whose activities affected society at large, and that the order was passed to prevent him from acting prejudicially to public order in Ahmedabad. The High Court, after considering the facts and submissions, found that the detention order was passed without any material showing disturbance to public order or public tranquility. The Court held that the order was mechanical and without application of mind, and therefore quashed and set aside the detention order. The petition was allowed, and the detenue was ordered to be set at liberty forthwith if not required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detenue 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 detention order was passed mechanically and without application of mind, and thus was quashed and set aside. (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 legally sustainable in the absence of material indicating disturbance to public order or public tranquility.
Final Decision
The petition is allowed. The detention order dated 29.01.2026 passed by the Commissioner of Police, Ahmedabad, is quashed and set aside. The detenue, Sohel @ Raja Chandmiya Shaikh, is ordered to be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- dangerous person
- public order
- mechanical exercise of power
- lack of material
- Gujarat Prevention of Anti-social Activities Act
- 1985
