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TASHI RABSTAN
Tanveer Ahmad Malik – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
Tashi Rabstan, J.-District Magistrate, Anantnag, has, vide detention Order bearing No. 32/DMA/PSA/DET/2021 dated 13.08.2021 placed Tanveer Ahmad Malik S/o Ab. Gani Malik R/o Wani Mohalla Dooru District Anantnag (detenu) under preventive detention and directed his lodgement in Central Jail, Kotbhalwal, Jammu. It is this order, petitioner has challenged in this petition and seeks quashment thereof on grounds averred therein.
2. Counter affidavit has been filed in opposition to the petition and also detention record has been produced.
3. Heard learned counsel for the parties and considered the matter.
4. Learned counsel for the petitioner has, to augment the case set up by the petitioner in the petition on hand contended that the order of detention impugned herein is illegal, unconstitutional and bad in the eyes of law which has been passed in breach of mandate of law. It is also averred that the detaining authority has not attributed any specific allegation against the detenue. Further, the detenue was not supplied the entire material so as to file an effective representation before the Government or the detaining authority. The petitioner further averred that the detentio
One act may not be sufficient to form the requisite satisfaction, there is no such invariable rule and that in a given case one act may suffice.
It is not necessary that there should be multiplicity of grounds for making or sustaining an 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....
Point of Law : Detention order - It is not necessary that there should be multiplicity of grounds for making or sustaining an order of detention.
Preventive detention requires compelling reasons when the subject is already in custody; failure to demonstrate this renders the detention order unsustainable.
The purpose of preventive detention is to prevent prejudicial activities, and the subjective satisfaction of the detaining authority is not open to objective assessment by a court.
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