Case Note & Summary
The petitioner, Vishal @ Jadiyo S/o. Dharmnath Yadav, through his mother Yadav Mintadevi Dharmnath, challenged the preventive detention order dated 01.02.2026 passed by the Commissioner of Police, Surat City, under the Gujarat Prevention of Anti-social Activities Act, 1985, branding him as a 'dangerous person' under Section 2(c) of the Act. The detenue was lodged in Mehsana Jail. The petitioner's advocate argued that there was no material to show that public health, public order, or public tranquility was disturbed, and the order was passed mechanically without application of mind. The learned APP opposed the petition, contending that the detenue was a habitual offender and his activities affected society at large, and the authority had passed the order to prevent him from acting prejudicially to public order. The court, after considering the facts and submissions, found that the detention order was passed without any material indicating disturbance to public order. The court held that the order was illegal and invalid, and accordingly quashed and set aside the same. 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 - Validity of Detention Order - The detenue was preventively detained as a dangerous person under Section 2(c) of the Act. The court held that there was no material on record to indicate how public health, public order, or public tranquility was disturbed. The order was passed mechanically without application of mind and was therefore illegal and invalid. (Paras 1-6) B) Preventive Detention - Public Order - Requirement of Material - The court emphasized that for a valid preventive detention order, there must be credible material to show that the activities of the detenue are prejudicial to the maintenance of public order. Mere registration of FIRs or past antecedents without linkage to public order disturbance is insufficient. (Paras 4-6)
Issue of Consideration
Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985, branding the detenue as a 'dangerous person', was valid in the absence of material showing disturbance to public order.
Final Decision
The court quashed and set aside the detention order dated 01.02.2026 passed by the Commissioner of Police, Surat City, 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
- subjective satisfaction
- material on record
- mechanical exercise of power
