Case Note & Summary
The petitioner, Rahul@Mansik Surendrasinh Vaghela, through his friend Mittal Dashrathsinh Parmar, challenged the preventive detention order dated 28.10.2025 passed by the Commissioner of Police, Ahmedabad, under the Gujarat Prevention of Anti-social Activities Act, 1985, branding him as a 'dangerous person'. The detenue was lodged in Palara-Bhuj Jail, Saraspur, Bhuj. The petitioner 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 State opposed, contending that the detenue was a habitual offender and his activities affected society at large. The Court, after hearing both sides, found that the detention order was based solely on registration of FIRs and there was no material to show that the alleged activities had any bearing on public order. The Court held that the subjective satisfaction of the detaining authority was not supported by any material, and therefore the order was illegal. The petition was allowed, the detention order was quashed, and the detenue was ordered to be set at liberty forthwith.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) and Section 3 of Gujarat Prevention of Anti-social Activities Act, 1985 - Validity of Detention Order - The detenue was preventively detained as a dangerous person based on registration of FIRs. The Court held that mere registration of FIRs does not constitute material to show that public order was disturbed. The detention order was quashed for lack of material indicating any disturbance to public health, public order, or public tranquility. (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 in the absence of material showing disturbance to public order.
Final Decision
The petition is allowed. The impugned detention order dated 28.10.2025 passed by the Commissioner of Police, Ahmedabad 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
