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M. A. CHOWDHARY
Mohammad Younis Mir – Appellant
Versus
Union Territory of J. &K. – Respondent
JUDGMENT :
1. Petitioner Mohammad Younis Mir (for short ‘detenue’), in the instant case was taken into preventive custody in terms of the order of detention bearing No. DMB/PSA/01 of 2022 dated 07.04.2022 (for short ‘the impugned order), issued under Section 8 of the J&K Public Safety Act 1978 (for short ‘the Act’) by respondent No.2- District Magistrate Budgam (for short ‘Detaining Authority’).
2. The order of detention is challenged by the detenue through the medium of this petition on the following grounds:-
ii. That, the detenue was already bailed out in FIR No. 219/2021 however, this important fact has not been reflected in the grounds of detention.
iii. That, the last alleged activity attributed to the detenue as per the grounds of detention has taken place in July 2021 and thereafter no fresh activity has been attributed to the detenue.
iv. That the detaining authority has not prepared the grounds of detention by itself, which is a pre-requisite before passi
The main legal point established in the judgment is the requirement for 'compelling reasons' to justify preventive detention, and the objective of preventive detention as intercepting and preventing ....
Object of the law of preventive detention is not punitive, but is only preventive.
The main legal point established in the judgment is the preventive nature of the detention under the Public Safety Act, aimed at preventing anti-social and subversive elements from endangering the se....
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.
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....
The preventive nature of the J&K Public Safety Act, 1978, allows for detention without formal charge or trial to prevent activities prejudicial to the security of the State.
Preventive detention requires compelling reasons when the subject is already in custody; failure to demonstrate this renders the detention order unsustainable.
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