Case Note & Summary
The petitioner, Sumit S/o Bhup Sinh, through his father Bhup Sinh S/o Samandar Sinh, challenged the legality and validity of a preventive detention order dated 24.01.2026 passed by the Commissioner of Police, Surat City, under Section 2(ha) of the Gujarat Prevention of Anti-social Activities Act, 1985, classifying him as a sexual offender. The detenue was detained in Ahmedabad Central Jail. The petitioner's advocate argued that there was no material to indicate disturbance of public health, public order, or public tranquility, and the order was passed mechanically without application of mind. The learned APP opposed, contending 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, found that the detention authority lacked material to show any disturbance of public order, and the order was passed mechanically. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue's release.
Headnote
A) Preventive Detention - Sexual Offender - Section 2(ha) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material on Public Order - The detenue was preventively detained as a sexual offender. The court held that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed. The order was passed without application of mind and mechanically. (Paras 1-4) B) Preventive Detention - Application of Mind - Mechanical Order - The court found that the impugned order was passed without application of mind and prima facie mechanically, as there was no material to show disturbance of public order. (Para 4)
Issue of Consideration
Whether the preventive detention order passed against the detenue as a sexual offender under Section 2(ha) of the Gujarat Prevention of Anti-social Activities Act, 1985 is legal and valid when there is no material to show disturbance of public order.
Final Decision
The petition is allowed. The impugned detention order dated 24.01.2026 passed by the Commissioner of Police, Surat City 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
- Sexual offender
- Public order
- Application of mind
- Mechanical order
- Gujarat Prevention of Anti-social Activities Act
- 1985
