Case Note & Summary
The petitioner, Samir Abbasali Ajgarali Shaikh, was preventively detained by an order dated 29.01.2026 passed by the Commissioner of Police, Ahmedabad, classifying him as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985. The detenue, through his father Abbasali Asgarali Shaikh, challenged the legality and validity of the detention order by way of a Special Criminal Application before the Gujarat High Court. The petitioner's advocate 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, and that the order was passed without application of mind and mechanically. It was also submitted that the detenue was currently detained in Rajkot Jail. 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 detaining authority had considered his antecedents and past activities to prevent him from acting prejudicially to the maintenance of public order in Ahmedabad. The court, after considering the facts and submissions, found that there was no material on record to show that the detenue's activities disturbed public order or public tranquility. The court held that the detention order was passed without application of mind and mechanically, and therefore quashed and set aside the impugned order. The court directed that the detenue be set at liberty forthwith if not required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) Gujarat Prevention of Anti-social Activities Act, 1985 - Requirement of Material to Show Disturbance to Public Order - The detenue was preventively detained as a dangerous person. The court held that in the absence of any material indicating how public health, public order, or public tranquility was disturbed, the detention order could not be sustained. The mere registration of FIRs does not automatically lead to a conclusion that the detenue's activities are prejudicial to public order. (Paras 1-6) B) Preventive Detention - Subjective Satisfaction - Mechanical Exercise of Power - The court observed that the impugned order was passed without application of mind and mechanically, as there was no material on record to justify the detention. The detaining authority's subjective satisfaction must be based on cogent material linking the detenue's activities to a threat to public order. (Paras 4-6)
Issue of Consideration
Whether the detention order classifying 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 that his activities disturbed public order or public tranquility.
Final Decision
The court quashed and set aside the detention order dated 29.01.2026 passed by the Commissioner of Police, Ahmedabad, and directed that the detenue 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
