Bombay High Court
ZABBAR ASIF MOVARversusTHE DISTRICT MAGISTRATE AND ORS
- Decided
- Disposal
- Allowed
Holding
A preventive detention order that does not specify the period of detention and fails to record the material basis for the authority’s satisfaction of sufficient cause is invalid and must be quashed.
Summary
The petitioner, Zabbar Asif Movar, challenged a preventive detention order dated 30 September 2025 issued by the District Magistrate of Diu under the Gujarat Prevention of Anti-Social Activities Act. The petition argued that the order failed to specify a detention period and did not disclose any material basis for the magistrate’s satisfaction under Section 3(2) of the Act. The Court examined the statutory requirements of Sections 13 and 14, which mandate that a confirmed detention order must state the period of detention, not exceeding one year, and must be based on an advisory board’s finding of sufficient cause. Finding that the order omitted the detention period and lacked a reasoned finding of sufficient cause, the Court held that the order was a product of non‑application of mind. Consequently, the detention order was quashed and the writ petition was allowed, directing the release of the petitioner.
Issues considered
- Whether a preventive detention order under the Gujarat Prevention of Anti-Social Activities Act must expressly state the period of detention.
- Whether the detaining authority must record the material basis for its satisfaction of sufficient cause under Section 3(2) of the Act.
- Whether the failure to comply with the procedural requirements of Sections 13 and 14 renders the detention order invalid.
Legislation cited
- Gujarat Prevention of Anti‑social Activities Act, 1985 — s. 13, 14, 3(2)
Subjects
- preventive detention
- procedural defect
- non‑application of mind
- detention period
- public order
- Section 13
- Section 14
- Section 3(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.6161 OF 2025
Zabbar Asif Movar
(Next Keen/Brother of Detenue
Shahnavaj @ Shanu Asif Movar)
Detenue in the custody of Sub-Jail
Daman Prison, Daman .. Petitioner
Vs.
The District Magistrate,
Collectorate-Diu and Ors. .. Respondents
Mr. Harshwardhan Milind Pawar, i/by Mr. Salman Pathan,
Advocates for the Petitioner.
Mr. Ayush Singh, h/f. Mr. Ashwin Thool, Advocates for
Respondent Nos.1 to 4.
Mr. S.V. Gavand, Additional Public Prosecutor for Respondent
No.5.
CORAM : SHREE CHANDRASHEKHAR, CJ. &
GAUTAM A. ANKHAD, J.
DATE : 8TH MAY 2026.
P.C. :
Challenging the detention order dated 30th September 2025,
the petitioner who has formidable criminal past inasmuch as four
criminal cases and seven chapter cases were registered/initiated
against him, the only ground urged on behalf of the petitioner is
that the detention order dated 30th September 2025 does not
provide a period of detention. Mr. Harshwardhan Pawar, the
learned counsel for the petitioner submits that the detention order
dated 30th September 2025 does not record existence of any
material on the basis of which the Detaining Authority has
recorded its satisfaction in the said order. Section 13 of the
Gujarat Prevention of Anti-Social Activities Act, 1985 (“PASA Act”)
provides as under:-
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“13. (1) In any case where the Advisory Board has reported that
there is, in its opinion, sufficient cause for the detention of the
detenu, the State Government may confirm the detention
order and continue the detention of the detenu for a period,
not exceeding the maximum period prescribed by section 14
as it thinks fit.
(2) In any case where the Advisory Board has reported that
there is, in its opinion, no sufficient cause for the detention of
the person concerned, the State Government shall revoke the
detention order and cause the detenu to be released
forthwith.”
2. Section 14 of the PASA Act states that a maximum period for
which any person may be detained in pursuance of any detention
order made under the PASA Act which has been confirmed under
section 13 shall be one year from the date of detention. The
detention order dated 30th September 2025 does not provide a
period of detention and if it has to be assumed that the period of
detention can be extended to one year under section 14, the same
has to be communicated to the detenu. Besides this technical
issue, we have formed an opinion that the detention order dated
30th September 2025 does not provide any indication how and on
what basis the District Magistrate, Diu has formed his subjective
satisfaction that the petitioner is liable to be detained and has
exercised his powers under section 3(2) of the PASA Act. After
narrating the past criminal history of the petitioner, the Detaining
Authority writes as under:-
“AND WHEREAS, it is evident that Shri Shahnavaz @Shanu Asif
Movar has been involved in offences varying from criminal
intimidation, gambling, bootlegging and providing safe haven to
other bootleggers and criminals who have been exiled from other
region and such anti-social and illegal activities are causing harm,
alarm and danger to public peace and creating a feeling of
insecurity among general domestic public and tourists thus
adversely affecting public order;
AND WHEREAS, in view of above facts and circumstances and
upon perusal of the documents on record from Police Department, it
is apparent that Shri Shahnavaz @ Shanu Asif Movar is a common
gaming house keeper; a dangerous person who perpetrates illegal
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activities of criminal intimidation, arms act violations, bootlegging
and further is likely making preparations for above said illegal
activities at sensitive time of upcoming local body elections and
upcoming peak tourist footfall season in Diu; and thus is a threat to
the peace and tranquility of the general public and his activities are
prejudicial to maintenance of public order in the District of Diu. And
thus, in the light of above, the undersigned is satisfied that to
maintain public order, there is need that Shahnavaz @ Shanu Asif
Movar must be brought under preventive detention for preventing
his antisocial and dangerous activities prejudicial to maintenance of
public order;
NOW, THEREFORE, I, Rahul Dev Boora, District Magistrate, Diu
under the powers conferred upon me under Section 3(2) of the
Gujarat Prevention of Anti-Social Activities Act, 1965 (the Act) as
extended to the U.T. of Dadra & Nagar Haveli and Daman & Diu
read along with the Notification of Department of Law & Justice
vide No.LAW/U.T.Merge(4)/Adapt. State Law/2022/48 dated 30 th
March 2022 hereby direct to arrest Shri Shahnavaz @ Shanu Asif
Movar and detain him at Sub-Jail, Daman till further directions as
per law.”
3. Quite apparently, the detention order dated 30 th September
2025 suffers from non-application of mind and is quashed.
4. Writ Petition No.6161 of 2025 is allowed in the above terms.
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ]
Digitally
signed by
SNEHA SNEHA 3/3
ABHAY DIXIT
ABHAY Date: 905-WP-6161-2025.doc Dixit
DIXIT 2026.05.12
13:10:41
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