Case Note & Summary
The petitioner, Faruk @Teda S/o Gyasuddin Shekh, through his mother Shekh Shahinbi Gyasuddin, challenged the legality and validity of a preventive detention order dated 02.02.2026 passed by the Police Commissioner, Surat City, under the Gujarat Prevention of Anti-social Activities Act, 1985 (the Act of 1985). The detenue was classified as a 'dangerous person' under Section 2(c) of the Act. The petition was filed before the High Court of Gujarat at Ahmedabad. The detenue was detained in Central Jail, Ahmedabad. The petitioner's advocate argued that there was no material to indicate how public health, public order, or public tranquility was disturbed, and that the order was passed mechanically without application of mind. The learned APP opposed the petition, contending that the detenue was a habitual offender and his activities affected society at large, and that the order was passed to prevent him from acting prejudicially to public order. The court examined the detention order and the grounds of detention, which referred to two criminal cases under Sections 302, 307, 143, 147, 148, 149, 323, 324, 427, 506(2) of the Indian Penal Code, 1860, and Section 135 of the Gujarat Police Act. The court noted that the detaining authority relied on these cases and statements of witnesses to conclude that the detenue was a dangerous person. However, the court found that the material on record did not establish that the alleged activities of the detenue had disturbed or were likely to disturb public order. The court emphasized that the distinction between 'law and order' and 'public order' must be maintained, and that the detaining authority must show that the activities of the detenue affect the even tempo of life of the community. The court held that the subjective satisfaction of the detaining authority was not based on proper material and that the order was passed mechanically. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue's release forthwith.
Headnote
A) Preventive Detention - Dangerous Person - Section 2(c) and Section 3 of Gujarat Prevention of Anti-social Activities Act, 1985 - Validity of Detention Order - The detenue was detained as a 'dangerous person' based on two criminal cases - The court held that mere registration of criminal cases does not indicate disturbance to public order, public health, or public tranquility - The detention order was passed mechanically without application of mind and was quashed (Paras 1-8).
Issue of Consideration
Whether the detention order passed 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 petition is allowed. The detention order dated 02.02.2026 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
- mechanical exercise of power
- Gujarat Prevention of Anti-social Activities Act
- 1985
