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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
M S. JUSTICE MOKSHA KHAJURIA KAZMI, J
Raj Ali Son Of Benia Amin – Appellant
Versus
Union Territory Of J&k – Respondent
JUDGMENT :
1. The petitioner through his wife (hereinafter referred to as the ‘detenu’) has challenged order No.PSA 03 of 2024 dated 30.01.2024 issued by respondent No.2, District Magistrate, Jammu (‘the detaining authority’ for short) whereby he has been taken into preventive custody with a view to prevent him from acting, in any manner, prejudicial to the public order.
2. The detenu is shown to be involved in as many as five different FIRs registered in the years 2014, 2015, 2017 and 2023 at Police Station, Khour and Police Station, Akhnoor. The detenu is allegedly involved in the commission of offences under Sections 188,307,323,427,147,148,379,332, 3/11 PCA Act and 4/25 Arms Act.It is mentioned in the grounds of detention that because of his persistent and continuous involvement in the criminal activities, the detenu has created fear amongst the locals. It is stated that the substantive law has failed to deter the detenu and, therefore, the impugned order is passed for the purpose of preventing and combating activities prejudicial to the maintenance of public safety.
3. The impugned order of detention is challenged by the detenu primarily on the following grounds:-
(i) That the imp
Preventive detention orders must consider the detenu's bail status and communicate grounds in a language understood by the detenu, failing which the order is invalid.
The detaining authority must demonstrate awareness of all relevant facts before issuing a preventive detention order; failure to do so constitutes non-application of mind, rendering the order invalid....
Preventive detention orders must demonstrate awareness of the detenue's custody status and cannot conflate grounds of public order and security of the State; failure to do so invalidates the order.
Preventive detention requires specific grounds and independent application of mind by the detaining authority; mere reproduction of police dossiers is insufficient.
The detention order must be based on proper application of mind and the detenue must be provided with the translated version of the material forming the basis of the grounds of detention to enable ef....
The main legal point established in the judgment is the requirement for detention orders to be based on specific and non-vague grounds, the need to communicate the grounds of detention in a language ....
Detention order - Order impugned cannot stand as it is based on grounds of detention, which is only verbatim copy of police dossier.
Preventive detention orders must provide all relevant material to the detenue for effective representation; failure to do so renders the order illegal.
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