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HIGH COURT OF JAMMU AND KASHMIR
Vinod Chatterji Koul, J
SHOWKAT AHMAD GANIE – Appellant
Versus
UNION TERRITORY OF J AND K AND ANR(HOME DEPARTMENT) – Respondent
| Table of Content |
|---|
| 1. detenu seeks quashment (Para 1) |
| 2. respondents insist on detention (Para 2) |
| 3. court reviews detention record (Para 3) |
| 4. detenu's previous arrest (Para 4) |
| 5. detaining authority's reliance (Para 5) |
| 6. live-link scrutiny (Para 6) |
| 7. vague grounds of detention (Para 7 , 8 , 9) |
| 8. detention order invalid (Para 10) |
| 9. delay in detention order (Para 11 , 12 , 13) |
| 10. material facts for detention (Para 14 , 15 , 16 , 17) |
JUDGMENT :
1. Through the medium of this petition, the petitioner seeks quashment of Order no.DMB/PSA/01 of 2024 dated 01.01.2024, passed by District Magistrate, Budgam– respondent no.2, whereby detenu, namely, Showkat Ahmad Ganie @ Naaz S/o Late Mohammad Kamal Ganie R/o Sheikhpora Wathoora Tehsil Chadoora District Budgam, has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to security of the State, precisely on the grounds that there is no live link between the last activity and the impugned order of detention inasmuch as in the FIR no.116/2022 P/S Chadoora, detenu was already discharged, but this important fact has not been reflected in grounds of detention and besides that detenu was already admitted to
Preventive detention orders must establish a live link between the detenu's activities and the necessity for detention; vague grounds and failure to disclose bail status invalidate such orders.
Preventive detention requires a live and proximate link between past conduct and current need to detain; stale incidents cannot justify detention without immediate threat to public order.
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.
Detention - Not for the court to sit in the place of the Government and try to determine if it would have come to the same conclusion as the Government.
The requirement for fresh facts for a subsequent detention order and the need for a live link between alleged activities and the purpose of detention.
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