Case Note & Summary
The petitioner, Faizan Bilal Saiyad, was preventively detained by the District Magistrate, Surat, vide order dated 27.01.2026, classifying him as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985. The detenue, through his father Bilal Shakur Saiyad, 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 detaining authority to indicate how public health, public order, or public tranquility was disturbed in any manner, and that the order was passed mechanically without application of mind. It was also submitted that the detenue was currently detained in Central Jail, Vadodara. The learned Additional Public Prosecutor opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large, and that the detaining authority had passed the order considering his antecedents and past activities to prevent him from acting prejudicially to the maintenance of public order in Surat. The court, after considering the facts and submissions, found that the impugned order was passed without any material on record to show disturbance to public order, public health, or public tranquility. The court held that the order was mechanical and without application of mind, and therefore, quashed and set aside the detention order. The detenue was ordered to be set at liberty forthwith if not 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 how public health, public order, or public tranquility was disturbed. The court held that in the absence of such material, the order could not be sustained and was passed mechanically without application of mind (Paras 4, 6).
Issue of Consideration
Whether the detention order dated 27.01.2026 passed by the District Magistrate, Surat, classifying 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 health, public order, or public tranquility.
Final Decision
The court quashed and set aside the detention order dated 27.01.2026 passed by the District Magistrate, Surat, and directed that the detenue be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- dangerous person
- public order
- lack of material
- mechanical order
- application of mind
