Back
M. A. CHOWDHARY
Fayaz Ahmad Wani S/O Abdul Rashid Wani – Appellant
Versus
Principal Secretary to Govt. /Home Department Civil Secretariat Srinagar – Respondent
JUDGMENT :
1. The petitioner has challenged the detention order bearing No.50/DMA/PSA/DET/2021 dated 22.12.2021, issued by District Magistrate, Anantnag-respondent No.2 herein, in terms whereof, Fayaz Ahmad Wani @ Talak (hereinafter referred to as the ‘detenue’), has been placed under preventive custody and lodged in Central Jail, Jammu, for preventing him from acting in any manner prejudicial to security of the State.
2. It is alleged in the petition that the detenue was already in custody in connection with the investigation of various criminal cases and was lodged in District Jail Anantnag, since 15.06.2021 and there was no chance of his being released on bail, as he was already booked under non-bailable offences, however, he has been booked under the provisions of J&K Public Safety Act. The detaining authority has not shown any awareness about the fact that the FIRs were registered against unknown person, and as to how and when the name of the detenue was included in the FIRs and despite a lapse of more than six months, weather the police has completed investigation and any final report has been submitted in the concerned court of law. A mere mention of an incident having taking
Preventive detention requires compelling reasons when the subject is already in custody; failure to demonstrate this renders the detention order unsustainable.
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....
Object of the law of preventive detention is not punitive, but is only preventive.
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 main legal point established in the judgment is the requirement for 'compelling reasons' to justify preventive detention, and the objective of preventive detention as intercepting and preventing ....
Preventive detention requires a live and proximate link between past conduct and current need to detain; stale incidents cannot justify detention without immediate threat to public order.
Detention - Not for the court to sit in the place of the Government and try to determine if it would have come to the same conclusion as the Government.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
