Case Note & Summary
The petitioner, Rehan @ Riyan @ Lakki Mahamad @ Mohamad Pathan, was preventively detained by the Police Commissioner, Surat, vide order dated 30/01/2026, as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985. The detenue challenged the legality and validity of the detention order through a special criminal application filed by his friend. The petitioner's advocate argued that there was no material available with the detention authority 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 learned APP opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large, and that the order was passed to prevent him from acting prejudicially to the maintenance of public order in Surat. The court, after considering the submissions, found that the core issue was whether the detention order could be sustained in the absence of material showing disturbance to public order. The court noted that the detaining authority had relied on two FIRs registered against the detenue, but there was no material to indicate that the detenue's activities had affected public order or public tranquility. The court held that the subjective satisfaction of the detaining authority must be based on credible material, and in this case, the material was insufficient. Consequently, the court quashed and set aside the detention order and directed that the detenue be set at liberty forthwith unless his detention was required in any other case.
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 detenue's activities disturbed public health, public order, or public tranquility. The court held that mere registration of FIRs does not justify preventive detention without evidence of disturbance to public order. (Paras 4, 6-7)
Issue of Consideration
Whether the detention order dated 30/01/2026 passed by the Police Commissioner, Surat, detaining the petitioner 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 that the petitioner's activities disturbed public order or public tranquility.
Final Decision
The court quashed and set aside the detention order dated 30/01/2026 passed by the Police Commissioner, Surat, and directed that the detenue be set at liberty forthwith unless his detention was required in any other case.
Law Points
- Preventive detention
- dangerous person
- public order
- subjective satisfaction
- material on record
- Gujarat Prevention of Anti-social Activities Act
- 1985
