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VINOD CHATTERJI KOUL
Zubair Ahmad Khan – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. Through the medium of this writ petition, the petitioner prays for quashment of Order No.47/DMA/PSA/DET/2022 dated 29.06.2022, passed by District Magistrate, Anantnag (for short “detaining authority”) whereby detenu, namely, Zubair Ahmad Khan S/o Mohd Amin Khan R/o Rampora Mattan, District Anantnag, has been placed under preventive detention with a view to prevent him from indulging in the activities which are prejudicial to the security of the State, on the grounds made mention of therein.
2. Respondents have filed reply affidavit, insisting therein that the activities indulged in by detenu are highly prejudicial to the security of the Union Territory and, therefore, his remaining at large is a threat to the security of Union Territory of J&K. The activities narrated in the grounds of detention have been reiterated in the reply affidavit filed by respondents. The factual averments that detenu was not supplied with relevant material relied upon in the grounds of detention have been refuted. It is insisted that all the relevant material, which has been relied upon by the detaining authority, was provided to the detenu at the time of execution of warrant.
3. I have heard l
The grounds of detention must be specific and not vague, and the detaining authority must consider the detenu's representation without delay.
Preventive detention orders must establish a live link between the detenu's activities and the necessity for detention; vague grounds and failure to disclose bail status invalidate such orders.
The verbatim reproduction of police dossier in detention grounds indicates non-application of mind by the detaining authority, rendering the preventive detention order invalid.
Preventive detention orders must demonstrate independent reasoning and specificity in grounds to comply with constitutional safeguards under Article 22(5).
Point of law : A person involved in a criminal case can be detained under the provisions of preventive detention laws provided there are compelling circumstances for doing so otherwise the order of d....
The judgment established the importance of subjective satisfaction of the detaining authority in passing a detention order, the limited scope of scrutiny under Article 226, and the distinction betwee....
The requirement for fresh facts for a subsequent detention order and the need for a live link between alleged activities and the purpose of detention.
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