Case Note & Summary
The petitioner, Suraj @Indo Rajubhai Sakarabhai Raval, was preventively detained by an order dated 23.01.2026 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 mother Falguni Rajubhai Raval, challenged the legality and validity of the detention order by way of a Special Criminal Application before the Gujarat High Court. The petitioner's counsel argued that there was no material available with the detention 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 learned APP opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large. The court, after hearing both sides, found that the detention order was based solely on the 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 credible material, and therefore the detention order was unsustainable. 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 detention order was quashed as there was no material on record to indicate that the alleged activities of the detenue disturbed public order or public tranquility. The court held that mere registration of FIRs does not justify preventive detention without evidence of threat to public order. (Paras 1-6)
Issue of Consideration
Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985 classifying 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 23.01.2026 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
