AHMEDHUSSAIN SHAIKHHUSSAIN (C) AHMED KALIO vs COMMISSIONER OF POLICE, AHMEDABAD & ANR.

The Supreme Court quashed the detention order under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985, holding that while the satisfaction of the detaining authority is not subject to judicial review, the procedural guarantees under Article 22(5) must be adhered to. The Court disapproved of using the possibility of release from jail as a ground for detention without fresh facts justifying such action. It emphasized that mere criminal activities do not necessarily equate to a threat to public order, requiring a clear distinction between law and order and public order.