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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MOKSHA KHAJURIA KAZMI,
Kulbir Bhagat @ Rinku Kumar S/o Bhushan Lal – Appellant
Versus
Union Territory of J&K through Commissioner-cum- Secretary to Government, Home Department, Civil Secretariat, Jammu – Respondent
JUDGMENT :
1. In the instant petition, the detenue herein, through his sister namely Sunita Kumari, has challenged Order No. PSA 25 of 2024 dated 01.06.2024 issued by respondent No. 2, by virtue of which the detenue has been detained under preventive detention in terms of the provisions of Section 8(1) (a) of J&K Public Safety Act, 1978.
FACTUAL MATRIX
2. It is stated that FIR No. 59/2013 under Section 363/342 RPC came to registered at Police Station Bishnah on a written report lodged by one Kala Ram S/o Dheru Ram R/o W.No.13, Bishnah regarding missing of his daughter. In the complaint it was alleged that one Rinku Kumar S/o Bhushan Lal R/o Langotian, Miran Sahib had persuaded complainant‟s daughter for marriage and kidnapped her on the pretext of marriage and took her to some unknown place. On completion of investigation, Challan was produced before the Court of law against the petitioner; FIR No. 44/2024 came to be registered at Police Station Miran Sahib, Jammu for commission of offences under Sections 307/336/34 IPC and 3/25/27 of Arms Act on the basis of information received through reliable sources that notorious criminal namely, Karnjit Singh @ Gigga alongwith Ishmit Singh @ Kr
Preventive detention orders must demonstrate awareness of the detenue's custody status and cannot conflate grounds of public order and security of the State; failure to do so invalidates the order.
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.
The detention order must be based on compelling reasons, and the detaining authority must supply all material forming the basis of the detention to enable effective representation. Failure to do so r....
The detenue's right to make an effective representation against preventive detention is guaranteed under Article 22(5) of the Constitution of India. Failure to supply the material forming the basis o....
Preventive detention is invalid if the individual is already in custody for a substantive offense, emphasizing the necessity for compelling reasons and proper application of mind by the detaining aut....
The distinction between law and order and public order is crucial in cases of preventive detention, and the impact on the community must be considered. The failure to respond to the petitioner's repr....
The central legal point established in the judgment is the requirement for the detaining authority to apply independent mind and comply with constitutional guarantees when issuing a detention order u....
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 under the Jammu & Kashmir Public Safety Act must be justified by a clear threat to public order, not merely based on past criminal activities.
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