Case Note & Summary
The petitioner, Sahilkhan @ Mota Maniyar Rashidahemad Pathan, through his mother Sama Sultana Rashidahemad Pathan, challenged a preventive detention order dated 28.01.2026 passed by the Commissioner of Police, Ahmedabad, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying him as a 'dangerous person' under Section 2(c). The detenue was lodged in Vadodara Jail. The petitioner argued that there was no material before the detaining authority to indicate how public health, public order, or public tranquility was disturbed. The order was passed mechanically without application of mind. The State opposed, contending that the detenue was a habitual offender whose activities affected society at large, and the order was preventive. The court examined the grounds of detention and found that the only material was registration of criminal cases, which did not show any disturbance to public order. The court held that the detaining authority's subjective satisfaction was not based on credible material, and the order was passed mechanically. Consequently, the court quashed the detention order and directed the detenue's release.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material on Public Order - The detenue was preventively detained as a dangerous person. The court held that mere registration of FIRs and past activities, without material indicating disturbance to public order or public tranquility, cannot sustain a detention order. The order was passed mechanically without application of mind. (Paras 1-6)
Issue of Consideration
Whether the preventive detention order passed against the detenue as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985 was valid when there was no material to show disturbance to public order or public tranquility.
Final Decision
The court allowed the petition, quashed the detention order dated 28.01.2026, and directed the detenue to be set at liberty forthwith.
Law Points
- Preventive detention
- dangerous person
- public order
- subjective satisfaction
- mechanical exercise of power
- Section 2(c) Gujarat Prevention of Anti-social Activities Act
- 1985
