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TASHI RABSTAN
Yudhvir Singh – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
Tashi Rabstan, J.-Impugned in this petition is Order No.04 of 2021 dated 05.05.2021 issued by the District Magistrate, Jammu, respondent No.2 herein, whereby Yudhvir Singh, 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.
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 petitioner has been implicated in false and frivolous FIRs and that the detaining authority has issued the detention order without application of mind by not mentioning that he was already in custody in FIR No.91/2021 at the time of passing of the impugned detention order, which fact has not been disclosed in the grounds of detention. Further, it is contended that the detenu has already made a representation against his detention; however, the respondents have not intimated him about the fate of his repres
: 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....
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 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 orders must demonstrate awareness of the detenue's custody status and cannot conflate grounds of public order and security of the State; failure to do so invalidates the order.
Preventive detention under the J&K Public Safety Act requires sufficient grounds related to public order; mere allegations without current relevance do not justify detention.
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.
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