Preventive detention under the J&K Public Safety Act is justified when the detaining authority's subjective satisfaction is based on sufficient material, and procedural safeguards are strictly followed.

JUDGMENT :

1. The detenu has assailed Detention Order No. 03/PSA of 2024 dated 17.07.2024 passed by the District Magistrate, Ramban, vide which, the detenu namely Ghulam Nabi Chandail, has been detained under Section 8(a) of the J&K Public Safety Act, 1978 to prevent him from acting in any manner prejudicial to the maintenance of public order.

2. The order of detention has been assailed by the detenu on the grounds that; (i) the detention order has been passed mechanically by the Detaining Authority without any application of mind; (ii) the order of detention and grounds of detention have not been provided to the detenu while passing the order of detention by the Detaining Authority; (iii) the detention of the petitioner has been ordered in sheer violation of provisions of Public Safety Act and respondent No. 2 has not complied the provisions of the Act while passing the order of detention; (iv) all the relevant material relied upon by the Detaining Authority while passing the order of detention has not been furnished to the detenu; (v) the detenu was not informed of his right to make representation against the detention order to the Government or to the Detaining Authority, as such, the detention order is required to be set aside.

3. Mr. Bhanu Jasrotia, learned Government Advocate appearing on behalf of the respondents has filed the counter affidavit as well as produced the detention record. It is submitted by him that the District Magistrate Ramban has passed the detention order under the provisions of Section 8 of the J&K Public Safety Act, 1978 on the basis of the record submitted by the Senior Superintendent of Police, Ramban. The Detaining Authority after carefully examining the case and also after deriving its subjective satisfaction, found it imperative and necessary to detain the detenu. It is also stated that the detention order was executed by Executing Officer and all the material relied upon by the Detaining Authority were provided to him. The contents of the same were read over and explained to the detenu in the language which he fully understood. He was also informed of his right to make representation. It is also stated that the Advisory Board has examined the case of the detenu and found sufficient grounds for upholding the order of detention.

4. Heard learned counsel for the parties and perused the record also.

5. The detenu was detained vide order dated 17.07.2024 passed by the District Magistrate, Ramban. As per the grounds of detention, the detenu was detained keeping in view his activities, as he was found to be an Over Ground Worker and his activities are suspicious into sensitive matters and there is a possibility that he may provide information regarding sensitive matter of J&K UT to ANEs. The activities of the detenu are very harmful and highly prejudicial and he may motivate the youths to join Jihad, therefore, to prevent him from indulging in such activities, it was found imperative to detain the detenu under the relevant provisions of the Public Safety Act.

6. The detenu has submitted that the material has not been provided to him violating the constitutional and statutory procedural safeguard. As per the execution report, the detenu has been provided all the material. Grounds of detention have been explained to him in the language which he has fully understood and he has affixed his signatures on execution report and receipt of grounds of detention. The contention of the detenu that the material has not been provided to him is misconceived.

7. Perusal of the detention record reveals that in the execution report, which is placed on record, the Executing Officer-ASI Nasir Khan PID of P/s Gool had executed the warrant, the detenu was provided copy of the notice, detention order and grounds of detention along with dossier and other relevant material. The contents of warrant & grounds of detention, dossier and notice were read over and explained to the detenu in Urdu/Kashmiri language which he fully understoo