Case Note & Summary
The case involved a petition challenging a preventive detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985. The detenu, classified as a 'dangerous person' under Section 2(c) of the Act, was detained based on five criminal cases registered against him under Section 304(2) of the Bharatiya Nyaya Sanhita from September 2024 to December 2025. The petitioner argued that there was no material showing how public health, order, or tranquility was disturbed, and the order was passed mechanically without application of mind. The respondent-State contended that the detenu was a habitual offender whose activities affected society at large, justifying preventive detention to maintain public order in Ahmedabad. The core legal issue was whether the detention order was sustainable under the Act. The Court analyzed the definition of 'dangerous person' under Section 2(c) and examined whether the detenu's activities prejudicially affected public order. The Court referred to Supreme Court precedents emphasizing that preventive detention is an extraordinary power under Article 22(3)(b) of the Constitution, to be used sparingly as an exception to Article 21. The Court noted that all five cases involved bail grants to the detenu, and the State had not moved for bail cancellation. Citing Dhanya M. v. State of Kerala and other cases, the Court held that preventive detention should not circumvent ordinary criminal procedure when sufficient remedies exist. The Court found the material insufficient to establish that the detenu's activities affected or were likely to affect public order, rendering the subjective satisfaction of the detaining authority legally invalid. Consequently, the petition was allowed, the detention order quashed, and the detenu ordered to be set at liberty if not required in any other case.
Headnote
A) Constitutional Law - Preventive Detention - Article 22(3)(b) Constitution of India - Extraordinary power to be used sparingly, not in ordinary course - Preventive detention curtails liberty in anticipation of further offences, must be applied as exception to Article 21 - Held that power should not be used merely to clip wings of accused when ordinary criminal law provides sufficient remedies (Paras 9-10) B) Criminal Law - Preventive Detention - Gujarat Prevention of Anti-social Activities Act, 1985, Section 2(c) - Definition of 'dangerous person' and impact on public order - Detenu classified as dangerous person based on five criminal cases under Section 304(2) BNS - Court found offences did not have bearing on maintenance of public order, subjective satisfaction not legally valid - Held that material insufficient to show activities affected or likely to affect public order (Paras 7-10) C) Criminal Procedure - Bail and Preventive Detention - Gujarat Prevention of Anti-social Activities Act, 1985 - State should move for cancellation of bail instead of preventive detention - Detenu granted bail in all five criminal cases, no bail cancellation applications moved - Preventive detention should not circumvent ordinary criminal procedure when sufficient remedies exist - Held that extraordinary measure not warranted when ordinary law provides means to address apprehensions (Paras 9-10)
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Issue of Consideration: Whether the detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985 is sustainable in law
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Final Decision
Petition allowed. Detention order dated 09.12.2025 quashed. Detenu to be set at liberty forthwith if not required in any other case. Rule made absolute.
