SANJEEV KUMAR
Gulzar Ahmad Parray – Appellant
Versus
UT of J&K – Respondent
Judgment
Sanjeev Kumar, J.-Petitioner, through his uncle Ghulam Rasool Parray, has assailed his detention ordered by District Magistrate, Budgam (the detaining authority) vide its order No.DMB/PSA/03 of 2020 dated 27.01.2020 (the impugned order). In terms of the impugned order aforesaid, the petitioner has been put under preventive detention with a view to preventing him from acting in any manner prejudicial to the security of the State.
2. Before adverting to the grounds of challenge urged by the learned counsel for the petitioner to assail the impugned order, it is necessary to notice the material on the basis of which the detaining authority has derived its subjective satisfaction for placing the petitioner under preventive detention.
3. As per the grounds of detention served upon the petitioner, which are framed by the detaining authority on the basis of material supplied by Superintendent of Police, Budgam, vide his letter dated 27.01.2020, the petitioner is alleged to be a hardcore, habitual and strong supporter of terrorism unleashed in the Valley by some terrorist organizations. The petitioner, with a view to achieve the object of seceding the Union Territory of Jammu and K
Surya Prakash Sharma v. State of U.P. and Ors.
order of detention - Execution of - It transpires that impugned order was issued by detaining authority on 22nd November 2019 and same was confirmed by Government under Section 17(1) of Act 1978 for ....
Detention - Not for the court to sit in the place of the Government and try to determine if it would have come to the same conclusion as the Government.
Preventive detention requires compelling reasons when the subject is already in custody; failure to demonstrate this renders the detention order unsustainable.
The Detaining Authority must demonstrate the likelihood of the detainee indulging in similar activities after being bailed out, and the satisfaction of the Detaining Authority is subject to judicial ....
Object of the law of preventive detention is not punitive, but is only preventive.
Preventive detention – Subjective satisfaction, which a Detaining Authority is required to arrived at on the basis of material before it is not subject matter of judicial review.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.