Case Note & Summary
The petitioner, Parmit @ Parmitbhai S/o Sureshbhai Prasad (Shah), through his brother Amit Suresh Shah, challenged the legality and validity of a preventive detention order dated 01.02.2026 passed by the Commissioner of Police, Surat, 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 lodged in Central Jail, Ahmedabad. The petitioner's advocate argued that there was no material before the detaining authority to show that public health, public order, or public tranquility was disturbed, and that the order was passed mechanically without application of mind. 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 order was passed to prevent him from acting prejudicially to public order in Surat. The court considered the submissions and identified the core issue as whether the detention order was sustainable. Upon examining the record, the court found that the detaining authority had relied on two criminal cases registered against the detenue, but there was no material to indicate that the alleged activities had disturbed public order. The court noted that the order was passed mechanically without proper application of mind. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue's release 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 detenue was preventively detained as a dangerous person. The court held that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed. The order was passed mechanically and without application of mind, and thus was not sustainable. (Paras 1-6)
Issue of Consideration
Whether the order of preventive detention passed by the Detaining Authority under the Gujarat Prevention of Anti-social Activities Act, 1985 is sustainable in the absence of material indicating disturbance to public order.
Final Decision
The petition is allowed. The impugned order of detention dated 01.02.2026 passed by the Commissioner of Police, Surat 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
- Section 2(c) Gujarat Prevention of Anti-social Activities Act 1985
- lack of material
- mechanical exercise of power
