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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
M S Justice Moksha Khajuria Kazmi, J
Miyan Muzaffar S/o Miyan Mohammad Yousuf – Appellant
Versus
Ut Of Jammu And Kashmir Through Commissioner Secretary To Government – Respondent
JUDGMENT :
1. This petition has been filed at the instance of the detenue by his wife, thereby, challenging detention order passed by District Magistrate Srinagar- respondent No. 2, bearing No. DMS/PSA/17/2024 dated 13.07.2024, for short impugned order, whereby detenue namely Miyan Muzaffer S/o Miyan Mohammad Yousuf R/o Barzulla Bulbulgagh, Srinagar, has been detained under the provisions of Section 8 of the Jammu & Kashmir Public Safety Act, 1978, hereinafter for short as Act, on the ground that his activities are prejudicial to the maintenance of Security of the State and directed to be lodged at district Jail, Kathua Jammu, where he is undergoing detention.
FACTUAL MATRIX
2. The detenue was arrested during the intervening night of 13th/14th of July 2024, by police station, Saddar. Neither the detenue nor his family members were apprised about the reason of his arrest. It was in the morning hours of 14th of July 2024, the detenue was told that he has been detained under provisions of the Act. It is stated that detenue was not provided with the order of detention, grounds of detention or any other relevant documents, on the basis whereof the impugned order was passed by the District
Preventive detention requires clear grounds and sufficient material to justify the detention, ensuring the detainee's right to make an effective representation is upheld.
The advisory board's functions under the Preventive Detention Act are not judicial, and its reports do not equate to judicial decisions, nor are grounds for detention required to be explicitly detail....
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.
Preventive detention orders must be based on specific and substantiated grounds, with the detaining authority required to apply its mind independently to the facts of the case, and any significant de....
The main legal point established in the judgment is that preventive detention under the Jammu & Kashmir Public Safety Act, 1978 is justified based on the detenue's past conduct and likelihood to enga....
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