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 detention is based on some grounds and is not subject to challenge in a court.

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 mere use of words that ‘the detenue can make a representation before the District Magistrate, if he so desires, fails to fulfill the basic procedure laid down in Article 22 of the Constitution and is in total violation of the rights of the detenue guaranteed under Article 22 of the Constitution; that the Detaining authority, while passing the impugned order, has relied upon the stale grounds, therefore, the same is not sustainable. It was prayed to quash the impugned order for the afore-stated grounds.

3. Counter affidavit has been filed by respondent No. 2 vehemently resisting the petition. It is contended that detaining a person under the provisions of Public Safety Act is always preventive in nature and its sole aim is to prevent a person from pursuing anti-national/anti-social activities, which are prejudicial to the maintenance of public order etc. In the instant case there is enough material against the detenue which is highly suggestive of the fact that the normal law of the land is not sufficient to prevent him from continuing with his anti-national activities and, it is evident that the detenue is highly motivated and is not likely to desist from anti-national and unlawful activities.

4. Heard learned counsel for the parties, perused the detention record produced by learned counsel for the respondents and considered.

5. The detention record, on its perusal, would indicate that the detenue is a highly qualified person and has completed Ph.D degree from Kashmir University; that the detenue was affiliated with Jammat-e-Islami from college life and subsequently he was selected as “Ameer” of Jamat-e Islami J&K in the year 2018; that the detenue was a hardcore motivator and supporter of terrorists and was acting to bring about secession of J&K from the Union of India and to its consequent merger with Pakistan; that the detenue had never remained law abiding citizen which can be gathered from the fact that in 2009 he secretly sowed the seeds of hatred and disaffection against the army in the town of Shopian; that earlier an FIR No. 42/2019 under Section 10, 11 & 13 of Unlawful Activities Prevention Act was registered against the detenue in Police Station Budgam.

6. For his involvement in active role in the banned organization of Jamate- Islami for carrying out anti-national propaganda and campaigning against sovereignty and integrity of the country, besides instigating and motivating general masses for anti national propaganda, he was detained under Public Safety Act from District Budgam, however the said detention order was quashed and the detenue was released in the year 2021; that post release the detenue did not mend his ways and continued to foment trouble in district Shopian; that the detenue clandestinely was collecting funds from the people for