Case Note & Summary
The petitioner, Sultan @Bala Hasan Shekh, was preventively detained 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 detention order was dated 20.11.2025. The detenue, through his brother Tokir Hasan Shekh, challenged the legality and validity of the order by way of a Special Criminal Application before the Gujarat High Court. The petitioner argued that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed in any manner. It was further submitted that the order was passed without application of mind and mechanically. The learned APP opposed the petition, contending that the detenue was a habitual offender and his activities affected society at large, and that the detaining authority had considered his antecedents and past activities. The Court, after hearing both sides, examined the grounds of detention and found that the detaining authority had relied on registration of FIRs against the detenue. The Court held that the material on record did not show that the alleged activities of the detenue had disturbed or were likely to disturb public order. The Court observed that the detaining authority had mechanically passed the order without proper application of mind. Consequently, the Court allowed the petition, quashed the detention order, and directed the release of the detenue forthwith.
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 based on registration of FIRs. The Court held that mere registration of FIRs does not constitute material to show that public order or public tranquility was disturbed. The detention order was passed mechanically without application of mind and was quashed. (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', is sustainable in the absence of material showing disturbance to public order or public tranquility.
Final Decision
The petition is allowed. The detention order dated 20.11.2025 passed by the Commissioner of Police, Surat, 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
- mechanical exercise of power
