Gujarat High Court
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|Thursday, 5 February 2026Gujarat HC Quashes Detention Order Against Kishan Bhupatbhai Ulva
Bench
Hon'ble Mr. Justice N. S. Sanjay Gowda
RAJNISH R. VYAS, J.
HONOURABLE N.S.SANJAY GOWDA, HONOURABLE D. M. VYAS
Gujarat HC Quashes Detention Order Against Kishan Bhupatbhai Ulva (2026) held that Preventive detention is an extraordinary measure that must be justified by clear and substantial evidence of a threat to public order.
Kishan Bhupatbhai Ulva challenged a detention order issued under the Gujarat Prevention of Anti-social Activities Act, claiming it lacked sufficient grounds to justify his detention. The court found that the authority had not demonstrated how Ulva's alleged activities as a bootlegger posed a threat to public order, especially since he had been granted bail in related criminal cases. Consequently, the court quashed the detention order, emphasizing the need for substantial evidence in preventive detention cases.
Preventive detention is an extraordinary measure that must be justified by clear and substantial evidence of a threat to public order.
The court emphasized that the mere existence of a criminal case does not automatically warrant preventive detention, especially if the individual has been granted bail.
The subjective satisfaction of the detaining authority must be based on material that clearly indicates a threat to public order, which was lacking in this case.
Detention order passed by District Magistrate
Final judgment delivered, quashing the detention order
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