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PUNEET GUPTA
Adil Gafoor – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
Puneet Gupta, J.
1. The petitioner-Adil Gafoor has challenged his detention order bearing No. 82/DM/DODA/PSA/2022, dated 07.07.2022 and detention notice bearing No. 90-96/DM/DODA/PSA/2022, dated 07.07.2022, issued by the District Magistrate Doda, under Jammu & Kashmir PUBLIC SAFETY ACT , 1978. The detention order was passed as the petitioner was stated to be acting in a manner prejudicial to the maintenance of public order in Doda District as well as Bhaderwah in particular. As per the detention order, four FIRs stand registered with the Police Station, Bhaderwah. The first FIR was registered in the year 2016, second one in 2019 and the other two FIRs in the year 2022.
2. It is submitted in the petition that the Respondent No. 1 has passed the detention order without application of mind; that earlier also the detention order dated 29.06.2022 was issued on the same grounds and same draft dossier which was also challenged by the petitioner as WP (Crl) No. 28/2022; that the petitioner was bailed out in FIR No. 94/2022 on 29.06.2022 and thereafter was detained on the same date because of detention order dated 29.06.2022 which was withdrawn later on by the respondent; that the
Preventive detention orders cannot be issued successively on the same grounds, as it violates principles of law ensuring fair representation and due process.
Detention order - Order impugned cannot stand as it is based on grounds of detention, which is only verbatim copy of police dossier.
Preventive detention - Illegal activities - Preventive detention is a deviation from concept of liberty which is sacrosanct to a human life and power of preventive detention is to be exercised with c....
Preventive detention requires specific grounds and independent application of mind by the detaining authority; mere reproduction of police dossiers is insufficient.
Preventive detention under the Jammu & Kashmir Public Safety Act must be justified by a clear threat to public order, not merely based on past criminal activities.
Preventive detention under the Jammu & Kashmir Public Safety Act must be justified by current threats to public order, not merely by past criminal activities.
Preventive detention orders must be executed promptly and based on clear grounds; failure to do so renders the order invalid.
Quash of detention order - Non placement of relevant documents by the concerned authorities before the detaining authority, vitiated proceedings.
The necessity to place all material, including orders of granting bail, before the detaining authority to enable them to derive subjective satisfaction for the detention.
Preventive detention under the Jammu & Kashmir Public Safety Act must be justified by current threats to public order, not merely past criminal behavior.
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