Case Note & Summary
The petitioner, Rizvan S/o Abdulrajak Shaikh, was preventively detained by the Commissioner of Police, Surat City, vide order dated 27.01.2026, as a 'cyber offender' under Section 2(ba) of the Gujarat Prevention of Anti-social Activities Act, 1985. He challenged the legality and validity of the detention order before the Gujarat High Court. The detenue was lodged in Central Jail, Ahmedabad. The petitioner's counsel argued that there was no material to indicate that the detenue's activities disturbed public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The State, represented by the Additional Public Prosecutor, contended that the detenue was a habitual offender whose activities affected society at large, and the order was passed to prevent him from acting prejudicially to public order. The court, after hearing both sides, examined the core issue of whether the detention order was justified. The court found that the detaining authority had relied on registration of FIRs for cyber offences, but there was no material to show that the alleged activities had any bearing on public order. The court observed that the order was passed mechanically and 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 - Cyber Offender - Section 2(ba) Gujarat Prevention of Anti-social Activities Act, 1985 - Validity of Detention Order - The detenue was preventively detained as a cyber offender. The court held that mere registration of FIRs for cyber offences does not constitute a threat to public order. The detention order was passed mechanically without any material to show disturbance to public health, public order, or public tranquility. Held that the order is unsustainable and liable to be quashed. (Paras 1-6)
Issue of Consideration
Whether the preventive detention order passed against the detenue as a 'cyber offender' under Section 2(ba) of the Gujarat Prevention of Anti-social Activities Act, 1985 is valid when there is no material to show that his activities disturbed public order or public tranquility.
Final Decision
The petition is allowed. The detention order dated 27.01.2026 passed by the Commissioner of Police, Surat City is quashed and set aside. The detenue is ordered to be released forthwith.
Law Points
- Preventive detention
- Cyber offender
- Public order
- Section 2(ba) Gujarat Prevention of Anti-social Activities Act 1985
- Lack of material
- Mechanical exercise of power
