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JAVED IQBAL WANI
Pritam Singh – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
JUDGMENT :
Javed Iqbal Wani, J.
1. Through the medium of instant petition quashment of detention order bearing No. 01/PSA of 2021, dated 06.05.2021, (hereinafter for short the "impugned order") passed against the detenu, namely, Pritam Singh, is being sought for by the petitioner as also a writ of mandamus for his release.
2. It is being stated in the petition that the detenu was arrested in connection with various FIRs registered against the detenue as is reflected in the grounds of detention and subsequently placed under preventive detention vide Order No. 04/PSA of 2020, dated 10.08.2020, which was challenged in a writ petition, being WP(Crl) No. 34/2020. The said order of detention was quashed by this Court in terms of judgement dated 26.11.2020 and detenu was directed to be released from preventive detention, but the detenu was not released and while being in custody, he has been again placed under preventive detention in terms of impugned order of detention.
3. Learned counsel avers that in spite of quashment of earlier detention order, respondents have again detained the detenu under preventive detention in terms of impugned order of detention.
4. It is being stated that grounds
A detention order cannot be sustained if it relies on grounds that have previously been quashed, and the distinction between 'law and order' and 'public order' is critical in determining the legality....
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....
Fresh grounds are necessary for passing a subsequent detention order after the earlier one has been quashed. Non-mentioning of important facts in the grounds of detention exhibits non-application of ....
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.
The verbatim reproduction of police dossier in detention grounds indicates non-application of mind by the detaining authority, rendering the preventive detention order invalid.
The requirement for fresh facts for a subsequent detention order and the need for a live link between alleged activities and the purpose of detention.
Preventive detention requires specific grounds and independent application of mind by the detaining authority; mere reproduction of police dossiers is insufficient.
The main legal point established in the judgment is the requirement for fresh facts for passing a subsequent detention order and the need to provide all relevant material to the detenue for making an....
Preventive detention orders must demonstrate compelling reasons when a person is already in judicial custody; mere replication of police dossiers lacks legal validity.
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