Preventive detention requires specific charges supported by material evidence, not vague allegations, to ensure compliance with constitutional safeguards.

 ORDER :

Atul Sreedharan J.

The present appeal has been filed by the appellant who is aggrieved by the judgement dated 13/10/2023 passed in WP (CRL) No. 42/2023 whereby, the habeas corpus petition filed on the behalf of the appellant was dismissed by the learned single judge.

2. The brief facts of the case are as follows.

The appellant has been detained under the J & K Public Safety act, 1978 vide order of detention No. 03-PSA of 2023 dated 20/02/2023. The said order was issued by the respondent No. 2. The appellant is presently lodged at District Jail Amphalla, Jammu.

3. The case of the union territory against the appellant is that he was indulging in activities that were prejudicial to the security of the state. Undisputedly, there are no FIR’s registered against the appellant and he has been taken into preventive detention on the grounds that he was indulging in anti-national activities by being in constant touch with his cousin brothers who were involved in militancy and have presently crossed over to Pakistan. It is also the case of the union territory that the petitioner has been indulging in radicalising the youth of Reasi to join and strengthen a network against the nation which is threatening the sovereignty and security of the nation. It is also the case of the union territory that the appellant has been taken into preventive detention after adhering to all the constitutional and procedural safeguards and the material that has formed the basis for the grounds of his detention have also been furnished to him. It is also the case of the union territory that the grounds of detention and other material were read over and explained to the petitioner in the languages that he understands.

4. In the grounds of detention, the charge against the appellant is that his brother, one Mohammad Sharif, who is a resident of Sildhar in District Reasi, had joined militancy in the year 2002 and an FIR was registered against him in P/S Mahore. It is further alleged that the appellant’s brother crossed over to Pakistan in the year 2010 and joined the ranks of militants there. It is also alleged that a cousin brother of the appellant by the name of Mohammed Shafi, a resident of district Ramban had also joined terrorist activities and that he was also presently in Pakistan. The next allegation against the appellant was that the appellant’s brother-in-law by the name of Nisar Ahmed, a resident of District Reasi had also joined the ranks of militancy in 2002 but was later killed by the security forces in the year 2007. It was also alleged that the appellant was maintaining contacts with both his brothers who were settled in Pakistan and also with another Pakistan based handler named Mohammed Qasim, a resident of Angralla, through social media apps and was involved in reviving militancy by himself motivating the family members of the killed militants to join the ranks of terrorists and wage a secret war against the nation and disturb peace and tranquillity in the district.

5. The dossier disclosed three cases against the appellant. They are DDR No. 22 dated 01/02/2023 of PS Mahore, DDR No. 09 dated 06/02/2023 of PP Shajroo PS Mahore and DDR No. 12 dated 11/02/2023 of PS Mahore. As regards DDR No. 22 dated 01/02/2023, it relates to an information from a reliable source that the appellant has been indulging in anti-national activities.

It further alleges that one of his elder brothers namely Mohammad Sharif had joined militancy in the year 2002 and an FIR No. 10/2010 for offences under sections 120-B/121/122/RPC along with offences under 7/25 of the Arms Act was registered against him at PS Mahore. It was also alleged that Mohammad Sharif had crossed over to Pakistan in the year 2010 and joined militant ranks there. In the same daily diary report, the next allegation is that the brother-in-law of the appellant whose name is Nisar Ahmad, a resident of tehsil Mahore, District Reasi, joined militancy in 2002 but was killed by the security forces in the yea