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HIGH COURT OF JAMMU AND KASHMIR
MRS. JUSTICE SINDHU SHARMA, J
GHULAM NABI CHANDAIL – Appellant
Versus
UT OF J AND K TH. COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT JAMMU AND OTHERS – Respondent
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,
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 follow....
The purpose of preventive detention is to prevent a person from acting in a manner prejudicial to the security of the State or the maintenance of public order.
Detention order - Order impugned cannot stand as it is based on grounds of detention, which is only verbatim copy of police dossier.
Preventive detention requires specific grounds and independent application of mind by the detaining authority; mere reproduction of police dossiers is insufficient.
Point of Law : Provisions of the Section 8, thus, clearly provide that it is the satisfaction of the State Government on the point which alone is necessary to be established.
It is not necessary that there should be multiplicity of grounds for making or sustaining an order of detention.
Single act of theft of telegraph copper wires in huge quantity and removal of railway fish-plates respectively, was held sufficient to sustain the order of detention.
Preventive detention orders must disclose compelling reasons, especially when the individual is already in custody, or they become unsustainable under law.
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