ATAUR RAHEMAN @ ATTO SAKIRBHAI MEMON THRO SAHIL MOHAMMAD DAKIRBHAI MEMON vs STATE OF GUJARAT Advocate - PUBLIC PROSECUTOR( — SCR.A/4898/2026

Case under Constitution of India Section 226,227,21,22. Disposed: --38-RULE ABSOLUTE/ALLOWED @ FH on 17th April 2026.

Case disposed

CNR: GJHC240265112026

Filing Number

SCR.A/15251/2026

Filing Date

07-Apr-2026

Registration No

SCR.A/4898/2026

Registration Date

07-Apr-2026

Judge

Honourable Mr. Justice Ilesh J. Vora , Honourable Mr. Justice R. T. Vachhani

Coram

Honourable Mr. Justice Ilesh J. Vora , Honourable Mr. Justice R. T. Vachhani

Bench Type

DIVISION

Category

3011-DB - DETENTION - PREVENTION OF ANTI-SOCIAL ACTIVITIES ACT, 1985 ( 3011 )

Sub-Category

8-DB - DETENTION - PREVENTION OF ANTI-SOCIAL ACTIVITIES ACT, 1985 - PRO-DETENTION - DANGEROUS PERSON ( 8 )

Judicial Branch

JUDICIAL

Decision Date

17-Apr-2026

Nature of Disposal

--38-RULE ABSOLUTE/ALLOWED @ FH

Last updated 12-May-2026

Acts & Sections

Constitution of India Section 226,227,21,22
Prevention of Anti-social Activities Act, 1985 Section 3(2)

Petitioner(s)

  1. 1.ATAUR RAHEMAN @ ATTO SAKIRBHAI MEMON THRO SAHIL MOHAMMAD DAKIRBHAI MEMON

    Adv. MR SHAIVAL M PATEL(

Respondent(s)

  1. 1.STATE OF GUJARAT Advocate - PUBLIC PROSECUTOR(

  2. 2.COMMISSIONER OF POLICE

  3. 3.JAIL SUPERINTENDENT

Case History

  1. Case disposedDisposed

  2. 17-Apr-2026

    Honourable Mr. Justice R.m.chhaya,honourable Mr. Justice Ilesh J. VoraView PDF

    Summary The Gujarat High Court quashed a preventive detention order issued against the petitioner under the Gujarat Prevention of Anti-social Activities Act, 1985. The court held that while the petitioner's involvement in three criminal cases (bootlegging and assault) was acknowledged, these offences constituted mere disturbances of law and order affecting specific individuals, not public order affecting the community at large. The court ruled that the detaining authority failed to substantiate how the petitioner's activities threatened public order maintenance, and therefore the subjective satisfaction for detention was invalid. The petitioner was directed to be released immediately. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 17-Apr-2026

    194-For Final Hearing

    Honourable Mr. Justice Ilesh J. Vora , Honourable Mr. Justice R. T. Vachhani

  4. 10-Apr-2026

    Honourable Mr. Justice R.m.chhaya,honourable Mr. Justice Ilesh J. VoraView PDF

  5. 10-Apr-2026

    First hearing

    Initial hearing scheduled

  6. 07-Apr-2026

    Case filed

    Registration No. SCR.A/4898/2026

casestatus.in Summary

Summary The Gujarat High Court quashed a preventive detention order issued against the petitioner under the Gujarat Prevention of Anti-social Activities Act, 1985. The court held that while the petitioner's involvement in three criminal cases (bootlegging and assault) was acknowledged, these offences constituted mere disturbances of law and order affecting specific individuals, not public order affecting the community at large. The court ruled that the detaining authority failed to substantiate how the petitioner's activities threatened public order maintenance, and therefore the subjective satisfaction for detention was invalid. The petitioner was directed to be released immediately. This case analysis is maintained by casestatus.in based on publicly available court records.

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