Case Note & Summary
The petitioner, Bhikhabhai Zalabhai Bharwad, was preventively detained by the District Magistrate, Gandhinagar, under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985, as a 'dangerous person'. The detention order was dated 13/02/2026. The detenue challenged the order through his brother, Dineshbhai Zalabhai Bharwad, by filing a Special Criminal Application before the Gujarat High Court. The petitioner argued that there was no material available with the detaining authority to show how public health, public order, or public tranquility was disturbed. It was further submitted that the order was passed without application of mind and mechanically. The learned APP opposed the petition, contending that the detenue was a habitual offender and his activities affected society at large, and that the authority had passed the order considering his antecedents and past activities to prevent him from acting prejudicially to public order. The court, after hearing both sides, found that the impugned order was based on registration of FIRs, which at best could be a law and order problem, not a public order problem. The court held that there was no material to show that the detenue's activities disturbed public order, and therefore the detention order was not sustainable. The court allowed the petition and quashed the detention order, directing the detenue's release.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) Gujarat Prevention of Anti-social Activities Act, 1985 - Requirement of Public Order - The detention order was quashed as there was no material to indicate that the detenue's activities disturbed public order, public health, or public tranquility. The court held that mere registration of FIRs does not justify preventive detention. (Paras 1-6)
Issue of Consideration
Whether the preventive detention order passed against the detenue as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985 is legal and valid when there is no material to show disturbance to public order.
Final Decision
The petition is allowed. The impugned detention order dated 13/02/2026 passed by the District Magistrate, Gandhinagar 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 requires material to show disturbance to public order
- not just law and order
- mere registration of FIRs does not justify detention under Gujarat Prevention of Anti-social Activities Act
- 1985
- detention order must be based on subjective satisfaction with application of mind.
