The main legal point established in the judgment is the requirement for clear particulars of criminal activities attributed to the detenue and the illegality of preventive detention based solely on the apprehension of securing bail.

JUDGMENT :

1. The petitioner (detenue, for short) through his mother has invoked writ jurisdiction of this Court for the issuance of appropriate writs in the nature of Certiorari, for quashment of detention order, No. DMS/PSA/03/2023 dated 2nd January 2023, passed by Respondent No. 2 (the Detaining Authority, for short) and Mandamus, commanding the respondents to release his person and pay compensation of Rs. 2.00 lacs for illegal detention.

2. The detenue has assailed the impugned order of detention on multiple grounds, however, learned counsel for the detenue has confined his argument primarily on the grounds that allegations attributed to him in the grounds of detention may be a law and order problem but do not qualify to fall within the definition of Public Order under Section 8 of the J&K Public Safety Act, 1978 (PSA, for short), the grounds of detention are vague, as there is no specific allegation regarding his involvement in the unlawful activities attributed to him and that respondents have failed to consider his representation.

3. The respondents in their counter affidavit are affront with the contention that since activities of the detenue were found prejudicial to the maintenance of Public Order, his preventive detention was recommended by the concerned police station, a Dossier duly, supported by relevant material, was submitted to the District Magistrate, Srinagar who on careful examination of the same, has concluded that preventive detention of the detenue was necessary. Therefore, impugned detention order has been passed, with the sole object to deter the detenue from acting in any manner prejudicial to the maintenance of Public Order. The warrant was executed by the Executing Officer and detenue was handed over to Superintendent Central Jail, KotBhalwal, Jammu, for his lodgement, where contents of detention order/warrant and grounds of detention were read over and explained to him in the language understood by him and he subscribed his signatures on the execution order in support thereof. Detenue was provided copies of the detention order along with grounds of detention against proper receipt and he was also informed of his right to make a representation. Later, the impugned detention order came to be approved and confirmed by the Government vide order dated 6th January 2023. According to the respondents, the detention of the detenue in the present case is precise and proximate and since all statutory, constitutional provisions and legal formalities of PSA have been followed, there is no vagueness in the grounds of detention.

4. According to the respondents, detenue was found involved in various anti-national and nefarious activities in order to disturb public peace and prejudicial to the maintenance of Public Order. The satisfaction expressed by the detaining authority is a result of thoughtful deliberation, rendering the impugned detention order lawful and well founded.

5. Having heard rival contentions, I am of the considered view that impugned detention order is not sustainable in the eyes of law for the following reasons.

6. Before a closer look at the grounds of challenge urged in the petition, it shall be apt to have an overview of the background facts.

7. The detention in the present case traces the genesis to FIR No. 94/2022 for offences under sections 341, 392, 506 and 120-B of Police Station Zakura. The allegations to form basis for the impugned detention order, are that detenue came into contact with instigators and disgruntled elements, who motivated him to indulge in extortion and other anti-national/illegal activities, bearing a threat to the maintenance of Public Order. He formed a gang of other disgruntled elements in district Srinagar and started hatching a conspiracy with the object to threaten common people and forcibly extort their hard earned money by illegal means, which created a sense of fear amongst the masses, resulting into a feeling of insecurity and resentment for the police and a