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RAJNESH OSWAL
Vikas Singh – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. The petitioner has filed the present petition for quashing the order of detention bearing No. 06/PSA of 2022 dated 03.10.2022 issued by the respondent No. 2, whereby the petitioner has been detained under Section 8(1)(a) of Jammu and Kashmir Public Safety Act, 1978 (in short ‘Act’).
2. The petitioner has assailed the order of detention on the following grounds:-
(ii) That the petitioner was earlier detained vide order No. 11/PSA of 2017 dated 16.03.2017 and the same was quashed by this Court vide order dated 14.11.2017. The detention order is absolutely silent about the same and the FIR Nos. 07/2011, 201/2014, 14/2015, 16/2016 and 141/2016 taken note of by the respondent No. 2 while issuing the order impugned, were also relied upon by the detaining authority at the time of issuance o
The detaining authority must apply an independent mind and consider all relevant material before issuing an order of detention.
Preventive detention orders must demonstrate compelling reasons when a person is already in judicial custody; mere replication of police dossiers lacks legal validity.
The central legal point established in the judgment is the requirement for the detaining authority to apply independent mind and comply with constitutional guarantees when issuing a detention order u....
Preventive detention requires a live and proximate link between the grounds and the order; vague grounds based on stale incidents do not justify detention.
The detention order was invalidated due to non-application of mind, failure to provide material to the detenue, and violation of procedural requirements.
Preventive detention – Subjective satisfaction, which a Detaining Authority is required to arrived at on the basis of material before it is not subject matter of judicial review.
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