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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
VINOD CHATTERJI KOUL, J
Majid Hyderi S/o Late Jahangir Hyderi – Appellant
Versus
Union Territory of J&K through Principal Secretary to Home Department, Civil Secretariat, Srinagar/ Jammu – Respondent
JUDGMENT :
1. Petitioner prays to quash Order No.DMS/PSA/65/2023 dated 16.09.2023, (“detention order”) passed by District Magistrate, Srinagar – respondent no.2 (“detaining authority”) placing Majid Hyderi S/o Late Jahangir Hyderi R/o Milat Abad Peerbach Srinagar (“detenu”) under preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of security of State.
2. The case set up by petitioner, in the instant petition, is that detenu is a law abiding, peace loving and a senior Journalist/Debater of International Repute. He has attained the worldwide recognition for his reporting. He has contributed to reputed newspapers, journals, TV Channels etc. for last two decades. Besides, his mother has also worked in national and patriotic programs, broadcasted on Radio Kashmir for decades when there were clear terrorist threats to the artists and performers. Her work and contribution have been appreciated by Radio Kashmir with remarks that she has exhibited great courage and patriotic zeal while volunteering to host patriotic programs like “Wadi Ki Awaz”, which worked an effective tactic for countering terrorist propaganda. The detenu, in pursuance
Preventive detention must be based on timely and specific grounds demonstrating a live-link to justify the detention; vague allegations violate constitutional rights.
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.
Object of the law of preventive detention is not punitive, but is only preventive.
Preventive detention requires clear grounds and sufficient material to justify the detention, ensuring the detainee's right to make an effective representation is upheld.
The main legal point established in the judgment is that preventive detention under the Jammu & Kashmir Public Safety Act, 1978 is justified based on the detenue's past conduct and likelihood to enga....
The purpose of preventive detention is to prevent prejudicial activities, and the subjective satisfaction of the detaining authority is not open to objective assessment by a court.
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