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M. A. CHOWDHARY
Javid Gull – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. In terms of Detention Order No. DMB/PSA/16/2022 dated 11.05.2022 (for short ‘the impugned order’) passed by District Magistrate, Budgam respondent No.2, the petitioner namely Javid Gull S/O Gh. Mohammad Sofi R/O Brarigund Chadoora Budgam (for short ‘detenue’) was ordered to be detained under preventive custody in terms of Section-8 of J&K Public Safety Act, 1978 (for short ‘the Act’) with a view to prevent him from acting in any manner prejudicial to the maintenance of security of the State.
2. The impugned order has been questioned/challenged on the grounds taken in the instant petition by the detenue through his father. The plea of the petitioner is that the detenue, in terms of the impugned order, has been detained under the Act without any justification and the allegations leveled in terms of the grounds of detention have no nexus with the detenue and have been fabricated by the police in order to justify its illegal action of detaining the detenue. It is pleaded that the order of detention had not been executed in tune with the Act and the directions of the Detaining authority, which in turn had deprived the detenue from making an effective and meaningful represe
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....
Preventive detention upheld validating detaining authority's subjective satisfaction from material on continued anti-national activities prejudicial to state security; courts do not substitute views ....
Preventive detention upheld where detaining authority's subjective satisfaction rationally based on material indicating prejudicial activities to state security; courts cannot substitute view or ques....
Preventive detention is aimed at preventing the commission of an offence or preventing the detained person from achieving a certain end. The satisfaction of the detaining authority for preventive det....
The main legal point established in the judgment is the necessity of the government's satisfaction for preventive detention, the objective of preventive detention to protect society, and the non-puni....
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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