Back
TASHI RABSTAN
Gaggu Din alias Gaggu – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
Tashi Rabstan, J.-Impugned in this petition is Order No.PSA/08 dated 10.08.2021 issued by the District Magistrate, Kathua, respondent No.2 herein, whereby Gaggu Din alias Gaggu, petitioner herein (for brevity, detenu), has been placed under preventive detention so as to prevent him from acting in any manner prejudicial to the maintenance of the public order, peace and tranquility in the society as also for the safety of common citizens, particularly the younger generation of the district.
2. The case as set up by the petitioner-detenu is that respondent No.2 while slapping preventive detention of detenu has not adhered to the constitutional safeguards available to him under the Constitution of India as well as the J&K Public Safety Act, 1978. It is contended that the detaining authority has issued the detention order without application of mind, arbitrarily and misusing the power vested with respondent No.2, thus deprived the petitioner of his fundamental right to life and liberty guaranteed to him under Article 21 of the Constitution of India. Further, it is contended that the status of FIRs, which have been made basis for issuing the detention order, have not been disc
The judgment established the importance of providing necessary documents to the detenue and the grounds for preventive detention when ordinary law fails to deter criminal activities.
Preventive detention under the Jammu and Kashmir Public Safety Act requires the detaining authority to provide grounds for detention and adhere to procedural safeguards, but the subjective satisfacti....
The court emphasized the need for the Detaining Authority to record compelling reasons necessitating the detention of the detenue and highlighted the constitutional safeguards under Article 22(5).
The main legal point established in the judgment is the importance of strict compliance with procedural requirements and safeguards under the Public Safety Act and the Constitution, particularly in c....
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards in preventive detention, including the right to be communicated the grounds of deten....
Single act of theft of telegraph copper wires in huge quantity and removal of railway fish-plates respectively, was held sufficient to sustain the order of detention.
: Preventive detention – Even one prejudicial act can be treated as sufficient for forming requisite satisfaction for detaining the person – It is not necessary that there should be multiplicity of g....
The main legal point established in the judgment is the preventive nature of the J&K Public Safety Act, 1978, and the limited scope of reviewing the subjective satisfaction of the detaining authority....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
