Case Note & Summary
The petitioner, Vikeshbhai Babulal Kharadi, was preventively detained by an order dated 24.01.2026 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 petition was filed through his wife, Surta Vikeshbhai Kharadi, challenging the legality and validity of the detention order. 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 opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large. The court examined the order and found that it was executed upon the detenue, who was detained in Rajkot Central Jail. The core issue was whether the detention order was sustainable in law. The court held that the order was passed without any material to show a disturbance to public order and was therefore unsustainable. The court quashed the detention order and directed the release of the detenue forthwith.
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 challenged on the ground that there was no material to indicate disturbance to public health, public order, or public tranquility. 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, 6-8)
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 health, public order, or public tranquility.
Final Decision
The court allowed the petition, quashed the detention order dated 24.01.2026, and directed the release of the detenue forthwith.
Law Points
- Preventive detention
- dangerous person
- public order
- mechanical exercise of power
- lack of material
- Gujarat Prevention of Anti-social Activities Act
- 1985
Case Details
2026 LawText (GUJ) (03) 1007
R/SPECIAL CRIMINAL APPLICATION NO. 2211 of 2026
N.S.Sanjay Gowda, D. M. Vyas
Mr. Jigar B. Kshatriya for the applicant, Ms. Divyangna Jhala, APP for the respondent
Vikeshbhai Babulal Kharadi (through wife Surta Vikeshbhai Kharadi)
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Nature of Litigation
Challenge to preventive detention order under the Gujarat Prevention of Anti-social Activities Act, 1985
Remedy Sought
Quashing of detention order and release of detenue
Filing Reason
Detenue was preventively detained as a 'dangerous person' without material showing disturbance to public order
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 health, public order, or public tranquility.
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.
State argued that the detenue is a habitual offender and his activities affected society at large, justifying the detention.
Ratio Decidendi
A preventive detention order under the Gujarat Prevention of Anti-social Activities Act, 1985 cannot be sustained if there is no material to show that the alleged activities of the detenue disturbed public order, public health, or public tranquility. The order must be based on relevant material and not passed mechanically.
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 our view, the order of detention cannot be sustained in the eye of law and the same deserves to be quashed and set aside.
Procedural History
The detenue was preventively detained by order dated 24.01.2026 passed by the Police Commissioner, Ahmedabad City. The petition challenging the order was filed on an unspecified date and heard on 05.03.2026, when the court allowed the petition and quashed the detention order.
Acts & Sections
- Gujarat Prevention of Anti-social Activities Act, 1985: Section 2(c)
