Case Note & Summary
The petitioner, Samir S/o Mohamad Yasin Ansari, was preventively detained by an order dated 08.02.2026 passed by the Commissioner of Police, Surat City, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying him as a 'dangerous person' under Section 2(c) of the Act. The detenue, through his elder brother Imran, challenged the legality and validity of the detention order before the Gujarat High Court. The court heard learned advocate Mr. Gajendra P. Baghel for the petitioner and learned APP Ms. Divyangna Jhala for the respondent-State. The petitioner's counsel argued that there was no material on record to show 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 respondent contended that the detenue was a habitual offender whose activities affected society at large. The court, after considering the submissions, found that the detention order was based on mere registration of FIRs and there was no material to indicate any disturbance to public order. The court held that the order was passed without application of mind and was mechanically done. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue's release 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. The court held that there was no material to indicate how public health, public order, or public tranquility was disturbed. The order was passed without application of mind and mechanically. (Paras 1-6)
Issue of Consideration
Whether the detention order under the Gujarat Prevention of Anti-social Activities Act, 1985 was valid in the absence of material showing disturbance to public order.
Final Decision
The petition is allowed. The impugned detention order dated 08.02.2026 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
- Dangerous person
- Public order
- Material on record
- Application of mind
