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M. A. CHOWDHARY
Shoaib Akhter – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. In terms of Detention Order No. 52/DMK/PSA/2022 dated 25.06.2022 (for short ‘impugned order’) passed by District Magistrate, Kulgamrespondent No.2, the petitioner namely Shoaib Akhter S/O Farooq Ahmad Wani R/O Nillow Kulgam (for short ‘detenue’) was ordered to be detained under preventive custody in terms of Section-8(a) of Jammu & Kashmir Public Safety Act, 1978 (for short ‘Act’) with a view to prevent him from acting in any manner prejudicial to the security of the State.
2. The impugned order has been challenged on the grounds taken in the instant petition by the detenue through his father. The plea of the petitioner is that the detenue, in terms of the impugned order, has been detained under the Act without any justification and the allegations leveled in terms of the grounds of detention have no nexus with the detenue and have been fabricated by the police in order to justify its illegal action of detaining the detenue. It is pleaded that the order of detention had not been executed in tune with the Act and the directions of the Detaining authority, which in turn had deprived the detenue from making an effective and meaningful representation against his detention
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....
Preventive detention is aimed at preventing the commission of an offence or preventing the detained person from achieving a certain end. The satisfaction of the detaining authority for preventive det....
Preventive detention upheld validating detaining authority's subjective satisfaction from material on continued anti-national activities prejudicial to state security; courts do not substitute views ....
Preventive detention upheld where detaining authority's subjective satisfaction rationally based on material indicating prejudicial activities to state security; courts cannot substitute view or ques....
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.
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