Case Note & Summary
The petitioner, Rajnish @ Lambu S/o Rajubhai Rajbhar, was preventively detained by an order dated 27.12.2025 passed by the Police Commissioner, 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, through his cousin Thakur Vivek Amar Sinh, challenged the legality and validity of the detention order before the Gujarat High Court. 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 State, represented by the learned APP, contended that the detenue was a habitual offender and his activities affected society at large, justifying the preventive detention. The court, after considering the submissions, identified the core issue as whether the detention order was valid. It noted that the grounds of detention referred to two criminal cases registered against the detenue under the Indian Penal Code, but there was no material to show that the alleged activities of the detenue had disturbed or could disturb public order. The court emphasized that for an order under the Act, there must be a clear linkage between the detenue's activities and a threat to public order, not merely law and order. Since the detaining authority failed to provide any material indicating such a threat, the subjective satisfaction was not based on relevant material. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue's release unless required in any other case.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) Gujarat Prevention of Anti-social Activities Act, 1985 - Requirement of Material on Public Order - The detention order was quashed as there was no material to show that the detenue's activities affected public order, public health, or public tranquility. The court held that mere past offences without linkage to public order disturbance cannot sustain a preventive detention order. (Paras 6-7)
Issue of Consideration
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 was valid in the absence of material indicating disturbance to public order.
Final Decision
The petition is allowed. The impugned order of detention dated 27.12.2025 passed by the Police Commissioner, Surat City is quashed and set aside. The detenue is ordered to 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
