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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, J
Irfan Ahmad Teli – Appellant
Versus
Union Territory Of J&k – Respondent
JUDGMENT :
1. Through the medium of this writ petition, Order No.DMS/PSA/03/2024 dated 29.03.2024, passed by District Magistrate, Srinagar, whereby detenu, namely, Irfan Ahmad Teli S/o Abdul Majeed Teli R/o Mukhdoom Mohalla Naseem Bagh, Srinagar, has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, is sought to be quashed and the detenu set at liberty on the grounds made mention of therein.
2. Respondents have filed counter affidavit, insisting therein that the detenu came into contact with antisocial elements who motivated him to indulged in anti-social and antinational activities in order to disturb the public peace and order and subsequently in a short span of time, the detenu got more confidence and became one of prominent nuisance/ trouble monger vagabond, chronic street fighter, miscreant and cheater in his area. The activities narrated in the grounds of detention have been reiterated in the reply affidavit filed by respondents. The factual averments that detenu was not supplied with relevant material relied upon in the grounds of detention have been refuted. It is insisted that all the r
Preventive detention requires specific grounds and independent application of mind by the detaining authority; mere reproduction of police dossiers is insufficient.
The main legal point established is the distinction between law and order and public order, emphasizing that preventive detention should be reserved for emergent situations affecting public order.
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.
Preventive detention under the Jammu & Kashmir Public Safety Act must be justified by current threats to public order, not merely by past criminal activities.
Preventive detention under the Jammu & Kashmir Public Safety Act must be justified by a clear threat to public order, not merely based on past criminal activities.
Preventive detention requires a clear live link between recent activities and the grounds for detention; mere reliance on past actions is insufficient.
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.
The detenue's right to make an effective representation against preventive detention is guaranteed under Article 22(5) of the Constitution of India. Failure to supply the material forming the basis o....
Detention order - Order impugned cannot stand as it is based on grounds of detention, which is only verbatim copy of police dossier.
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