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M. A. CHOWDHARY
Fayaz Ahmad Kumar – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. By virtue of Detention Order No. 14/DMB/PSA/2021 dated 18.10.2021 (for short ‘impugned order’) passed by District Magistrate, Baramulla - respondent No.2 the detenue namely Fayaz Ahmad Kumar S/O Ghulam Qadir Kumar R/O Khanpora Tehsil & District Baramulla, was ordered to be detained under preventive custody with a view to prevent him from acting in any manner in the activities which are prejudicial to the security of State, to warrant immediate measures to be taken against him to stop him from indulging in such activities, in terms of Clause (a) of Section-8 of J&K Public Safety Act, 1978 (for short ‘the Act’).
2. Aggrieved of the said detention order, detenue, through his brother, has filed the present petition seeking quashment of the same on the grounds taken in the petition on hand. That the detenue, in terms of the impugned order, has been detained under the Act on false and flimsy grounds without any justification; that the grounds of detention are vague and mere assertions of the detaining authority and no prudent man can make an effective and meaningful representation against these allegations. Further plea of the detenue is that he has not been provided the mate
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....
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 preventive nature of the detention under the Public Safety Act, aimed at preventing anti-social and subversive elements from endangering the se....
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