The court found that mere criminal activity does not warrant preventive detention unless it significantly disrupts public order.

(PER : HONOURABLE MR.JUSTICE P. M. RAVAL)

1. The petitioner herein namely Mohit S/O Ramyash @

Ramjash Patel came to be preventively detained vide the detention order dated 26.4.2025 passed by the Police Commissioner, Surat City, 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 Mr.Raajen Jadhav and Ms.Monali Bhatt, learned Additional Public Prosecutor for the respective parties.

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 adverse 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 Surat.

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 petitioner and presently he is in Jail. In the grounds of detention, a reference of five criminal cases i.e. (i) for the offence under Section 379(A)(3), 114 of IPC dated 29.4.2024 with Adajan Police Station, (ii) for the offence under Sections 304(2) and 54 of BNS dated 30.10.2024 with Adajan Police Station, (iii) for the offence under Sections 304(2) and 54 of BNS dated 11.11.2024 with Adajan Police Station (iv) for the offence under Sections 304(2) and 54 of BNS dated 21.10.2024 with Adajan Police Station and (v) for the offence under Sections 304(2) and 54 of BNS dated 16.08.2024 with Adajan 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 petitioner 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 order’. In our opinion, the said offences do not have any bearing on the maintenance of public order. In this connection, we may refer to the decision of the Apex Court in the case of Piyush Kantilal Mehta Vs. Commissioner of Police, Ahmedabad, 1989 Supp (1) SCC 322 wherein, the detention order was made on the basis of the registration of the two prohibition offences. The Apex Court aft