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2025 Supreme(Online)(GUJ) 1135
HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE ILESH J. VORA, HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK, JJ
GOPAL @ STEPNEY @KISHAN JAGDISHBHAI GUPTA THROUGH MINADEVI JAGDISHBHAI GUPTA – Appellant
Versus
STATE OF GUJARAT – Respondent
R/SPECIAL CRIMINAL APPLICATION NO. 1296 of 2025
Preventive detention under the Gujarat Prevention of Anti-social Activities Act requires a clear demonstration that the activities affect public order, not merely law and order.
Headnote:(A) Gujarat Prevention of Anti-social Activities Act, 1985 - Section 2(c) and Section 3(4) - Preventive detention - The petitioner challenged the detention order claiming it was based on offences affecting law and order rather than public order - The court found that the alleged activities did not affect public order, referencing the distinction between law and order and public order as established in prior case law. (Paras 4, 8, 9)
(B) Preventive Detention - The court emphasized that mere disturbances of law and order do not justify preventive detention unless they affect the community at large. (Paras 8, 18)
Facts of the case:
The petitioner was detained as a 'dangerous person' under the Act based on five criminal cases, but all were bailable offences. The petitioner argued that these did not affect public order. (Paras 1, 4, 7)
Findings of Court:
The court concluded that the detention order was not sustainable as the activities did not adversely affect public order. (Paras 8, 9)
Issues: The main issue was whether the detention order was justified under the Act given the nature of the alleged offences. (Para 6)
Ratio Decidendi: The court ruled that the detaining authority failed to demonstrate that the petitioner's activities affected public order, thus the detention was invalid. (Paras 8, 9)
Result: Petition allowed; detention order quashed.
| Table of Content |
|---|
| 1. detention order details (Para 1 , 2 , 3 , 5) |
| 2. grounds of detention (Para 4) |
| 3. sustainability of detention order (Para 6) |
| 4. criminal cases against petitioner (Para 7 , 8) |
| 5. failure to substantiate (Para 9) |
| 6. petition allowed (Para 10) |
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK)
1. The petitioner herein namely Gopal @ Stepney @ Kishan Jagdishbhai Gupta came to be preventively detained vide the detention order dated 13.01.2025 passed by the Police Commissioner, Ahmedabad, as a “dangerous person” as defined under Section 2(c) of the Gujarat Prevention of Anti- social Activities Act, 1985 (herein after referred as ‘the Act of 1985’).
2. By way of this petition, the petitioner has challenged the legality and validity of the aforesaid order.
3. This Court has heard learned counsel Ms. Pooja D. Baswal and Mr. Hardik S. Soni, learned Additional Public Prosecutor for the respondent State.
4. Learned advocate for the detenue submits that the grounds of detention has no nexus to the “public order”, but is a purely a matter of law and order, as registration of the offence cannot be said to have either affected adversely or likely to affect adversely the maintenance of public order as contemplated under the explanation sub-section (4) of Section 3 of the Act, 1985 and therefore, where the offences alleged to have been committed by the detunue have no bearing on the question of maintenance of public order and his activities could be said to be a prejudicial only to the maintenance of law and order and not prejudicial to the maintenance of public order.
5. On the other hand, learned State Counsel opposing the application contended that, the detenue is habitual offender and his activities affected at the society at large. In such set of circumstances, the Detaining Authority, considering the antecedents and past activities of the detenue, has passed the impugned order with a view to preventing him from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad.
6. Having considered the facts as well as the submissions made by the respective parties, the issue arise as to whether the order of detention passed by the Detaining Authority in exercise of his powers under the provisions of the Act of 1985 is sustainable in law?
7. The order impugned was executed upon the applicant and presently he is in Jail. In the grounds of detention, a reference of five criminal cases registered against the petitioner (i) for the offence punishable under Sections 323, 294(B), 506(2), 427, 337, 114 of the Indian Penal Code and Section 135(1) of the G.P. Act dated 11.02.2023 registered with Ramol Police Station, (ii) for the offence punishable under Sections 324, 323, 294(B), 506(2) of the Indian Penal Code and Section 135(1) of the G.P. Act dated 05.04.2023 registered with Ramol Police Station, (iii) for the offence punishable under Sections 323, 294(B), 506(2) of the Indian Penal Code dated 17.08.2023 registered with Ramol Police Station, (iv) for the offence punishable under Sections 115(2), 296(B), 324(2), 351(3), 54 of the Bharatiya Nyaya Sanhita, 2023 dated 01.11.2024 registered with Ramol Police Station and (v) for the offence punishable under Sections 118(1), 115(2), 296(B), 54 of the Bharatiya Nyaya Sanhita, 2023 and Section 135(1) of the G.P. Act dated 17.12.2024 registered with Ramol Police Station was made and further it is alleged that, the activities of the detenue as a “dangerous person” affects adversely or are likely to affect adversely the maintenance of public order as explained under Section 3 of the Act of 1985. Admittedly, in all the said offences, the applicant was granted bail.
8. After careful consideration of the material, we are of the considered view that on the basis of five criminal cases, the authority has wrongly arrived at the subjective satisfaction that the activities of the detenue could be termed to be acting in a manner ‘prejudicial to the maintenance of public
