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SINDHU SHARMA
Anil Singh – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. The District Magistrate, Samba vide Order No. 03/PSA of 2021, dated 16.06.2021 detained the detenu under Section 8(1)(a) of the Jammu and Kashmir Public Safety Act, 1978 in order to prevent him from acting in any manner prejudicial to the maintenance of public order.
2. The detenu has assailed the order of detention on the following grounds; (i) the impugned detention order was passed when the detenu was already in judicial custody in FIR No. 03/2021. The respondents have not disclosed any compelling circumstances which require the preventive detention of the detenu; (ii) the impugned order of detention is a verbatim copy of the police dossier, as such, there is total non-application of mind on the part of the Detaining Authority, while passing the order of detention; (iii) the detenu was arrested in FIR No. 66/2003 and was acquitted of the same vide order dated 08.01.2013, similarly the detenu was granted bail in FIR Nos. 33/2009 and 86/2010 but the respondent-Detaining Authority has not shown any awareness to this fact, therefore, there is lack of application of mind while passing the order; (iv) the detenu was not provided all the material relied upon by the Detainin
The detention under the Jammu and Kashmir Public Safety Act requires compelling reasons, and the detenu has a constitutional right to make a representation against his detention under Article 22(5) o....
Preventive detention is invalid if the individual is already in custody for a substantive offense, emphasizing the necessity for compelling reasons and proper application of mind by the detaining aut....
Point of Law : When any person is detained in pursuance of an order made under any law providing for preventive detention, authority making order shall, as soon as may be, communicate to such person ....
The duty of the detaining authority to inform the detenu of his right to make representation against the detention order is a crucial legal principle established in the judgment.
The necessity of compelling reasons for preventive detention, awareness of detainee's existing custody, and prompt consideration of representations under the Jammu and Kashmir Public Safety Act, 1978....
Non-communication of the right to make a representation before the detaining authority and the interchangeability of 'law and order' and 'public order' in the grounds of detention rendered the detent....
Preventive detention under the J&K Public Safety Act is justified when the detaining authority's subjective satisfaction is based on sufficient material, and procedural safeguards are strictly follow....
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