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TASHI RABSTAN, RAJESH SEKHRI
Hilal Rashid Khan – Appellant
Versus
Union Territory of J&K – Respondent
JUDGEMENT
Tashi Rabstan, J:
1. This Letters Patent Appeal is directed against the judgement and order dated 15th December 2022, passed by the learned Single Judge in a writ petition, being WP(Crl) no.120/2022, titled as Hilal Rashid Khan v. UT of J&K and another, and for setting-aside the same on the grounds tailored therein.
2. We have heard learned counsel for parties. We have gone through the writ record as also impugned judgement and considered the matter.
3. Assailing the impugned judgement, counsel appearing for appellant has stated that learned Writ Court while passing impugned judgement has not appreciated and considered the grounds in writ petition in its right perspective inasmuch as in ground (v) of writ petition, appellant had challenged his detention order on the ground of there being no live and proximate link between the detention order and subversive activities attributed to him. While last illegal activity alleged against appellant dates back to the year 2020, detention order does not mention any fresh illegal activity on the part of appellant to necessitate taking him into preventive detention. He also avers that the learned Writ Court also did not consider and apprec
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.
Object of the law of preventive detention is not punitive, but is only preventive.
Preventive detention under the Jammu and Kashmir Public Safety Act requires the detaining authority to provide grounds for detention and adhere to procedural safeguards, but the subjective satisfacti....
Preventive detention requires clear grounds and sufficient material to justify the detention, ensuring the detainee's right to make an effective representation is upheld.
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 ....
Preventive detention orders must be based on specific, documented grounds that are communicated to the detainee, ensuring compliance with constitutional safeguards under Articles 21 and 22.
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