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TASHI RABSTAN, PUNEET GUPTA
Saqib Hussain Mir, S/o Mohabat Hussain Mir – Appellant
Versus
Union Territory of Jammu & Kashmir – Respondent
JUDGMENT :
Tashi Rabstan, J.
1. This Letters Patent Appeal is directed against the judgment dated 25.05.2023 passed by the learned Single Judge, whereby the appellant’s Writ Petition being WP(Crl) No.59/2022 titled ‘Saqib Hussain Mir v. Union Territory of J&K and Ors’ seeking quashment of detention order No. 97/DM/Doda/PSA/2022 dated 07.07.2022, issued by Respondent No.2-the District Magistrate, Doda (hereinafter to be referred to as the Detaining Authority), was dismissed.
2. Learned counsel for the appellant/writ petitioner has assailed the judgment impugned dated 25.05.2023, passed by the learned Single Judge, inter alia, on the following grounds:
b. That the judgment passed by the Hon’ble Single Bench is against the facts and record, hence, deserves to be set aside.
c. That the appellant has challenged the impugned detention on the ground that the detention order is illegal, arbitrary and contrary to the provisions of the law and facts of the case.
d. That the appellant is also taking ground that the detaining authority has not applied its mind while passing the order of detention.
e. That from
The judgment established the importance of subjective satisfaction of the detaining authority in passing a detention order, the limited scope of scrutiny under Article 226, and the distinction betwee....
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....
The detention under the J&K Public Safety Act can be invalidated if the detaining authority fails to provide essential material to the detainee for making an effective representation, and if the alle....
Preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, is aimed at protecting society from activities likely to deprive people of their ....
The detaining authority must apply subjective satisfaction and prepare grounds of detention independently, considering the potential impact of the detenu's activities on 'law and order', 'public orde....
The detention order must be based on justifiable reasons and cannot be arbitrary, violating the constitutional rights of the individual.
The judgment established the importance of providing necessary documents to the detenue and the grounds for preventive detention when ordinary law fails to deter criminal activities.
Preventive detention requires strict adherence to procedural safeguards; non-compliance leads to quashing of detention orders.
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