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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
TASHI RABSTAN
Ghulam-u-din War – Appellant
Versus
Union Territory Of J&k A – Respondent
JUDGMENT :
1. Through the medium of this petition, petitioner is seeking quashing of Order No.13/DMB/PSA of 2024 dated 19.04.2024, passed by District Magistrate, Bandipora – respondent no.2 (detaining authority), whereby the detenu, namely, Ghulam u Din War S/o Late Habibulla War R/o Tengpora Naidkhai Tehsil Hajin District Bnadipora, has been placed under preventive detention to prevent him from acting in any manner prejudicial to the maintenance of public order.
2. Reply has been filed by the respondents.
3. I have heard learned counsel for parties. I gone through the detention record produced by the counsel for the respondents and considered the matter.
4. Assailing the impugned order, counsel appearing for petitioner has stated that detenu has been falsely implicated by police station Sumbal in a number of FIRs in the year 2010, 2014 and 2016 on the basis of ill will, mala fide and extraneous consideration and police manipulated false charges against detenu, but detenu got bailed out from every false charges. The grounds of detention have been concocted and fabricated and impugned order of detention has been passed only on apprehension. The material relied upon by detaining authorit
Preventive detention under the J&K Public Safety Act is justified when the detaining authority's subjective satisfaction is based on sufficient material indicating potential prejudicial activities.
Preventive detention orders must disclose compelling reasons, especially when the individual is already in custody, or they become unsustainable under law.
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....
Preventive detention is aimed at preventing the commission of an offence or preventing the detained person from achieving a certain end. The satisfaction of the detaining authority for preventive det....
The detention order must be based on compelling reasons, and the detaining authority must supply all material forming the basis of the detention to enable effective representation. Failure to do so r....
One act may not be sufficient to form the requisite satisfaction, there is no such invariable rule and that in a given case one act may suffice.
Preventive detention is aimed at preventing future prejudicial acts, and the detaining authority's subjective satisfaction based on reasonable grounds justifies detention.
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