Gujarat High Court Quashes Detention Order Under PASA Act for Lack of Material Showing Disturbance to Public Order. Preventive detention under Section 3(2) of Gujarat Prevention of Anti-social Activities Act, 1985 set aside as mere registration of FIRs does

A) Preventive Detention - Gujarat Prevention of Anti-social Activities Act, 1985 - Section 3(2) - Public Order - The petitioner challenged a detention order passed by the Commissioner of Police, Surat City under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985. The court held that in the absence of any material indicating disturbance to public health, public order, or public tranquility, the detention order could not be sustained. The order was found to be passed mechanically and without application of mind. (Paras 1-6)

Whether the detention order under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985 was valid in the absence of material showing disturbance to public health, public order, or public tranquility.

The petition is allowed. The detention order dated 02.01.2026 passed by the Commissioner of Police, Surat City under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985 is quashed and set aside. The detenue is ordered to be set at liberty forthwith.

Mr. Janak H Parmar for the Applicant, Ms. Monali Bhatt, Addl. Public Prosecutor for the Respondent

Special Criminal Application under Articles 226 and 227 of the Constitution of India challenging a preventive detention order.