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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Moksha Khajuria Kazmi, J
Raman Kumar Son Of Bodh Raj R – Appellant
Versus
Union Territory Of J&k – Respondent
| Table of Content |
|---|
| 1. detenu's arrest and custody (Para 2 , 4) |
| 2. grounds for challenging detention (Para 3) |
| 3. non-application of mind (Para 5) |
| 4. detention order justification (Para 6) |
| 5. supreme court's ruling (Para 7 , 8 , 9) |
| 6. testing the case (Para 10) |
| 7. representation not considered (Para 11) |
| 8. representation received (Para 12) |
| 9. writ petition allowed (Para 13) |
| 10. detenu's release (Para 14) |
JUDGMENT :
1. This petition has been filed at the instance of the detenu by his mother, thereby challenging the detention order passed by District Magistrate Jammu-respondent No. 2, bearing No.PSA 21 of 2024 dated 04.05.2024, for short "the impugned order‟, whereby detenue, namely Raman Kumar son of Bodh Raj resident of Kathar Tehsil Arnia, District Jammu, 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 public order. Accordingly, he has been directed to be lodged at Central Jail, Kot Bhalwal, Jammu.
FACTUAL MATRIX
2. The detenu was arrested by the SSP Samba on 18.08.2022 and remained in custody for one and a half years. Thereafter, he was handed
Preventive detention is invalid if the individual is already in custody for a substantive offense, emphasizing the necessity for compelling reasons and proper application of mind by the detaining aut....
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.
Point of Law : When any person is detained in pursuance of an order made under any law providing for preventive detention, authority making order shall, as soon as may be, communicate to such person ....
The central legal point established in the judgment is the requirement for the detaining authority to apply independent mind and comply with constitutional guarantees when issuing a detention order u....
The detention under the Jammu and Kashmir Public Safety Act requires compelling reasons, and the detenu has a constitutional right to make a representation against his detention under Article 22(5) o....
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.
The detention order was invalidated due to non-application of mind, failure to provide material to the detenue, and violation of procedural requirements.
The necessity of compelling reasons for preventive detention, awareness of detainee's existing custody, and prompt consideration of representations under the Jammu and Kashmir Public Safety Act, 1978....
order of detention - Execution of - It transpires that impugned order was issued by detaining authority on 22nd November 2019 and same was confirmed by Government under Section 17(1) of Act 1978 for ....
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