Case Note & Summary
The petitioner, Anand Ramanji Abhaji Thakor, was preventively detained by an order dated 04.02.2026 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 brother, Thakor Dhaval Ramanji, challenging the legality and validity of the detention order. The detenue was lodged in Vadodara Jail at the time of the petition. The petitioner's counsel argued that there was no material before the detention authority to indicate any disturbance to public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The respondent-State, represented by the learned APP, contended 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. The court examined the detention order and the grounds of detention. It noted that the order was executed and the detenue was in jail. The core issue was whether the detention order was sustainable in law. The court found that there was no material to show any disturbance to public order, and the order appeared to have been passed mechanically. 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) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material on Public Order - The detenue was preventively detained as a 'dangerous person' under Section 2(c) of the Act of 1985. The court found that there was no material available with the detention authority to indicate how public health, public order or public tranquility was disturbed. The order appeared to have been passed mechanically and without application of mind. Held that the detention order is unsustainable in law and liable to be quashed (Paras 1-8).
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 law when there is no material to indicate disturbance of public health, public order or public tranquility.
Final Decision
The petition is allowed. The impugned detention order dated 04.02.2026 passed by the Police Commissioner, Ahmedabad 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
- mechanical exercise of power
- lack of material
- Gujarat Prevention of Anti-social Activities Act
- 1985
