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M. A. CHOWDHARY
Abdul Hameed Ganie @ Dr. Hameed Fayaz – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. By virtue of Detention Order No. 149/DMS/PSA/2022 dated 16.09.2022 (for short ‘impugned order’) passed by District Magistrate, Shopian -respondent No.2 the petitioner namely Ab. Hameed Ganie @ Dr. Hameed Fayaz (for short ‘detenue’), 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 maintenance of public order in terms of Clause (a-i) of Sub Section (1) of Section-8 of J&K Public Safety Act, 1978 (for short ‘the Act’).
2. Aggrieved of the said detention order, detenue, through his wife, 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; that he was not provided the material/documents relied upon by the detaining authority so as to make an effective representation before the detaining authority; that
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 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....
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