Case Note & Summary
The petitioner, Sakir @ Bono Rustambhai Shekh, through his mother Habibabanu Rustambhai Shekh, challenged the legality and validity of a preventive detention order dated 29.12.2025 passed by the Police Commissioner, Ahmedabad 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 Jail, Bhuj. The petitioner argued that there was no material available with the detention 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, through the learned APP, contended that the detenue was a habitual offender and his activities affected society at large, justifying the detention to prevent him from acting prejudicially to public order. The court, after considering the submissions and examining the detention order and grounds, found that the core issue was whether the detention order was sustainable in law. The court noted that the grounds of detention referred to three criminal cases, but there was no material to show that the alleged activities disturbed public order. The court held that the detaining authority had not applied its mind and the order was passed mechanically. Consequently, the court quashed and set aside the detention order and directed that the detenue be set at liberty forthwith unless required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detention order was quashed as there was no material to indicate how public health, public order or public tranquility was disturbed. The court held that mere registration of FIRs does not justify preventive detention without evidence of disturbance to public order. (Paras 4, 6-8)
B) Preventive Detention - Mechanical Exercise of Power - Gujarat Prevention of Anti-social Activities Act, 1985 - The court observed that the impugned order was passed without application of mind and mechanically, as the detaining authority failed to consider whether the alleged activities actually affected public order. (Paras 4, 8)
Issue of Consideration
Whether the order of detention passed by the Detaining Authority under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying the detenue as a 'dangerous person', is sustainable in law when there is no material to show disturbance to public order.
Final Decision
The court allowed the petition, quashed and set aside the detention order dated 29.12.2025, and directed that the detenue be set at liberty forthwith unless required in any other case.
Law Points
- Preventive detention
- dangerous person
- public order
- Gujarat Prevention of Anti-social Activities Act
- 1985
- Section 2(c)
- lack of material
- mechanical exercise of power
Case Details
2026 LawText (GUJ) (03) 1002
R/Special Criminal Application No. 2173 of 2026
N.S. Sanjay Gowda, D. M. Vyas
Mr. Sanjay Prajapati for the applicant, Mr. Chintan Dave, APP for the respondent
Sakir @ Bono Rustambhai Shekh through Habibabanu Rustambhai Shekh
Commissioner of Police Ahmedabad City & Ors.
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Nature of Litigation
Challenge to preventive detention order under the Gujarat Prevention of Anti-social Activities Act, 1985.
Remedy Sought
The detenue, through his mother, sought quashing of the detention order and release from detention.
Filing Reason
The detenue was preventively detained as a 'dangerous person' under Section 2(c) of the Act, and he challenged the order on grounds of lack of material and mechanical exercise of power.
Issues
Whether the detention order classifying the detenue as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985 is sustainable in law when there is no material to show disturbance to public order.
Submissions/Arguments
Petitioner argued that there was no material to indicate disturbance to public health, public order or public tranquility, and the order was passed mechanically without application of mind.
Respondent contended that the detenue is a habitual offender and his activities affected society at large, justifying the detention to prevent him from acting prejudicially to public order.
Ratio Decidendi
Preventive detention under the Gujarat Prevention of Anti-social Activities Act, 1985 requires material to show that the alleged activities of the detenue disturbed public order. Mere registration of FIRs without such material renders the detention order unsustainable and liable to be quashed as a mechanical exercise of power.
Judgment Excerpts
Learned advocate for the petitioner vehemently argued that there was no material available with the detention authority to indicate as to how public health, public order or public tranquility was disturbed in any manner.
Having considered the facts as well as the submissions made by the learned advocates appearing for the respective parties, the core issue that arises is whether the order of detention passed by the Detaining Authority in exercise of its powers under the provisions of the Act of 1985 is sustainable in law or not?
In the grounds of detention, reference of three criminal cases have been made, however, there is no material available on record to indicate as to how the activities of the detenue have disturbed the public order in any manner.
Procedural History
The detenue was preventively detained by order dated 29.12.2025 passed by the Police Commissioner, Ahmedabad City. He filed a Special Criminal Application through his mother challenging the order. The High Court heard the matter and delivered judgment on 03.03.2026.
Acts & Sections
- Gujarat Prevention of Anti-social Activities Act, 1985: Section 2(c)
