The judgment establishes the principle that preventive detention jurisdiction must be based on factual inputs and not mere speculation or assumptions.

ORDER :

1. Heard learned counsel for the parties and perused the writ pleadings, reply affidavit and the documents therewith. The record produced from the respondents’ end also perused.

2. The petitioner is aggrieved of his misconceived and unwarranted preventive detention carried out by virtue of an order no. 75/DMP/PSA/22 dated 27.09.2022 whereby the petitioner has been detained on the purported ground that the petitioner’s activities are found to be prejudicial to the Security of State warranting his detention in order to prevent him from further carrying out apprehended acts of omission or commission prejudicial of the Security of State.

3. The detention order no. 75/DMP/PSA/22 dated 27.09.2022 has been passed by the District Magistrate, Pulwama in exercise of jurisdiction and authority under section 8 of the J&K Public Safety Act, 1978. The petitioner has come to be taken into custody and detained.

4. This order no. 75/DMP/PSA/22 dated 27.09.2022 has further been confirmed and approved by the Government by its subsequent government orders to the said effect thereby continuing with the detention of the petitioner to last for two years’ period, being the maximum detention period for which a person can be subjected to preventive detention custody for the objectionable acts.

5. The situation which has reportedly led to the passing of the detention order no. 75/DMP/PSA/22 dated 27.09.2022 by the District Magistrate, Pulwama is a dossier no. CS/Pros/PSA/DPO/22/184/87 dated 26.9.2022 whereby the Senior Superintendent of Police (SSP), Pulwama came to provide the purported factual basis for calling the District Magistrate Pulwama to consider subjecting the petitioner to preventive detention by denying him his fundamental right to personal liberty.

6. The dossier so prepared and served by the SSP Pulwama for the sake of reference as to how and what is the tone and tenor of the dossier on the basis of which personal liberty of the petitioner was sought to be curtailed, is reproduced as under:

“The subject was born at his native village Nikloora of District Pulwama on 01.03.1996, the subject got his basic education from Govt. Middle school Nikloora upto 5th class. After that the subject got admission in Govt. High School Litter where from he passed his 8th class examination. After that the subject left his studies due to low interest towards education and started to work as a labour. Presently the subject is driving his own tractor.

The subject is an active conduit of banned terrorist organization (LeT) and often aids and abets the terrorist activities carried out by the banned terrorist organization in and around the Pulwama town. The subject besides abetting the terrorist acts of the banned terrorist organization (LeT) harbors its terrorists - locations and is involved in motivating and instigating the youth of the District Pulwama and its adjoining areas for anti-national and anti-social activities and provokes the innocent populace of the area for indulging in activities which are prejudicial to the overall peace, security and tranquility of the UT of J&K in general and District Pulwama in particular. The subject used to provoking youth in the name of religion to join the terrorist ranks. The subject has a mental bent towards insurgency and he along with the other anti-national elements used continuing his anti-national and anti-social activities and the potential threat to the security of the UT of Jammu and Kashmir. It is in place to mention here that the subject is of fundamentalist ideology and with the passage of time, the subject become a hard-core fundamentalist and sympathizer of terrorists and provided a logistical support to the terrorists and is working as over ground worker (OGW) of a banned terrorist organization (LeT). The activities of the subject have been created enormous hardships for the general public as they cannot lead a normal life because of the disturbance created by the subject and his other associates.

The subje