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IN THE HIGH COURT OF JAMMU AND KASHMIR
M A Chowdhary, J
Saif Din Th. Mohd Shabir – Appellant
Versus
Ut of J And K Th. Principal Secretary To Government Home Departmentjammu And Others – Respondent
JUDGMENT :
01. Through the medium of this Habeas Corpus Petition, the petitioner-Saif Din S/O Qamar Din R/O Village Chandak, Tehsil Haveli, District Poonch (hereinafter called "detenue‟) seeks quashment of Order No. 07/DMP/PSA of 2024 dated 23.04.2024 (hereinafter called "detention order‟) passed by the respondent No. 2-District Magistrate, Poonch (hereinafter called "detaining authority‟) whereby and whereunder in terms of Section 8 of the J&K Public Safety Act, 1978, he had been ordered to be detained to prevent him from engaging in activities prejudicial to the public order.
02. The detenue has pleaded that he is a Driver by profession and is an illiterate person, not involved in the commission of any offence but the detaining authority, arbitrarily and in a cavalier manner, has passed the detention order detaining the detenue vide impugned detention order; that he was arrested on 23.04.2024 but he was not informed as to why he had been arrested as he was not provided with any other document than the order of detention; that the detention order has been passed by the detaining authority on baseless dossier suppressing the material facts without application of mind.
03. The detenue
Preventive detention must be justified by a clear threat to public order, not merely law and order issues, and should be reserved for exceptional cases.
Preventive detention under the Jammu and Kashmir Public Safety Act requires clear evidence linking alleged activities to public order threats, which was absent in this case.
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 Public Safety Act is justified based on repeated criminal activities, even if prior acquittals exist, provided all statutory requirements are met.
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 main legal point established in the judgment is that activities must have the potential to disturb public order by affecting the community or public at large to be considered prejudicial to publi....
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