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VINOD CHATTERJI KOUL
Riyaz Ahmad Azad Alias Azad – Appellant
Versus
State of J&K – Respondent
JUDGMENT
Through the medium of this writ petition, petitioner prays for quashment of detention Order No.DMS/PSA/04/2024 dated 29.3.2024, passed by District Magistrate, Srinagar – respondent no. 2 herein, whereby detenu, namely Riyaz Ahmad Azad @ Azad S/o Late Shamas ud din Azad R/o Saderbal, Srinagar , (for brevity “detenu”) has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, on the grounds made mention of therein.
2. Respondents have filed reply affidavit, insisting therein that the detenu being a criminal bent of mind which is evident from his conduct over a period of time and has been found indulging in anti-nation/nefarious activities in order to disturb the public peace and order, and his activities pose a serious threat to the public order as he is involved in the activities prejudicial to the maintenance of public order. The activities narrated in the grounds of detention have been reiterated in the reply/counter affidavit filed by respondents. The factual averments that detenu was not supplied with relevant material relied upon in the grounds of detention have been refuted. It is ins
Preventive detention requires a live and proximate link between past conduct and current need to detain; stale incidents cannot justify detention without immediate threat to public order.
Preventive detention orders must establish a live link between the detenu's activities and the necessity for detention; vague grounds and failure to disclose bail status invalidate such orders.
Preventive detention requires specific grounds and independent application of mind by the detaining authority; mere reproduction of police dossiers is insufficient.
Preventive detention cannot rely on stale incidents lacking immediate proximity; a legitimate link must support the necessity of detention based on past conduct.
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