Case Note & Summary
The petitioner, Ghanshyam Chunilal Bhill, through his wife Daxa Ghanshyam Bhill, challenged the legality and validity of a preventive detention order dated 28.01.2026 passed by the Commissioner of Police, Ahmedabad, 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 Vadodara Jail. The petitioner's advocate argued that there was no material to show disturbance to public order, health, or tranquility, and the order was passed mechanically without application of mind. The learned APP opposed, contending that the detenue was a habitual offender whose activities affected society at large, and the authority had passed the order to prevent him from acting prejudicially to public order. The court considered the core issue of whether the detention order was sustainable. It found that the detention authority had no material to indicate any disturbance to public order, and thus the order was passed without application of mind. Consequently, the court allowed the petition and quashed the detention order, directing the detenue's release.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) of 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. In absence of such material, the order of detention was passed mechanically and without application of mind, and thus not sustainable. (Paras 1-6)
Issue of Consideration
Whether the order of detention passed by the Detaining Authority under the Gujarat Prevention of Anti-social Activities Act, 1985 is sustainable in law when there is no material to show disturbance to public order.
Final Decision
The petition is allowed. The impugned detention order dated 28.01.2026 passed by the Commissioner of Police, Ahmedabad 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
