Case Note & Summary
The petitioner, Arshit @ Lembo Najabhai Sankhat, through his father Najabhai Karshanbhai Sankhat, challenged the legality and validity of a preventive detention order dated 10.01.2026 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 was detained in Bhuj Jail. The petitioner argued that there was no material before the detaining 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 respondent-State contended that the detenue was a habitual offender and his activities affected society at large, justifying the detention to prevent him from acting prejudicially. The court, after hearing both sides, found that the detention order was based solely on the detenue's antecedents and past activities, without any material showing a disturbance to public order. The court held that the order was passed mechanically and without application of mind, and therefore quashed the detention order, directing 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 available with the detaining authority to indicate how public health, public order, or public tranquility was disturbed. The order was passed mechanically and without application of mind, hence quashed. (Paras 1-6)
Issue of Consideration
Whether the preventive detention order passed against the detenue as a 'dangerous person' under the Gujarat Prevention of Anti-social Activities Act, 1985 is valid in the absence of material showing disturbance to public order or public tranquility.
Final Decision
The court quashed the detention order dated 10.01.2026 passed by the Commissioner of Police, Surat City, and directed the detenue to be released forthwith.
Law Points
- Preventive detention
- Dangerous person
- Public order
- Lack of material
- Mechanical order
