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SANJEEV KUMAR, RAJESH SEKHRI
Hamid Farooq Bhat S/o Farooq Ahmad Bhat – Appellant
Versus
UT of Jammu and Kashmir – Respondent
JUDGMENT :
SANJEEV KUMAR, J.
1 This intra-Court appeal is directed against the judgment dated 12-08-2022 passed by a Single Bench of this Court [‘the Writ Court’] in W.P. (Crl) No. 246/2021 titled Hamid Farooq Bhat vs. UT of Jammu and Kashmir and Another, whereby the Writ Court has declined to set aside the order of detention of the petitioner issued by the District Magistrate, Kulgam vide his No. 10/DMK/PSA/2021 dated 18.10.2021.
2. Before we advert to the grounds of challenge urged by learned Senior Counsel appearing for the appellant, it is necessary to notice few relevant facts. On the basis of some material such as dossier and other connected documents, like copies of FIRs registered against the appellant, the District Magistrate, Kulgam vide his order dated 18.10.2021 ordered detention of the appellant under Public Safety Act, 1978 [‘the Act’] with a view to prevent him from acting in any manner prejudicial to the security, sovereignty and integrity of the State. Immediately on passing of the order of detention, the grounds of detention were served upon the appellant.
3. From a reading of the grounds of detention, it transpires that the activities, which the Detaining Authority f
The Detaining Authority must demonstrate the likelihood of the detainee indulging in similar activities after being bailed out, and the satisfaction of the Detaining Authority is subject to judicial ....
order of detention - Execution of - It transpires that impugned order was issued by detaining authority on 22nd November 2019 and same was confirmed by Government under Section 17(1) of Act 1978 for ....
The purpose of preventive detention is to prevent prejudicial activities, and the subjective satisfaction of the detaining authority is not open to objective assessment by a court.
Preventive detention is invalid if the individual is already in custody for a substantive offense, emphasizing the necessity for compelling reasons and proper application of mind by the detaining aut....
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 – Subjective satisfaction, which a Detaining Authority is required to arrived at on the basis of material before it is not subject matter of judicial review.
Preventive detention orders must demonstrate awareness of the detenue's custody status and cannot conflate grounds of public order and security of the State; failure to do so invalidates the order.
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