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HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
VINOD CHATTERJI KOUL, J
Aijaz Ahmad Mir @ Molvi S/o Ghulam Hassan Mir – Appellant
Versus
Union Territory Of J&k Through Principal Secretary To Home – Respondent
| Table of Content |
|---|
| 1. detention order challenged (Para 1) |
| 2. vague allegations against detenu (Para 4 , 5) |
| 3. distinction between concepts (Para 6) |
| 4. lack of live link (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 5. detention order quashed (Para 15 , 16 , 17) |
JUDGMENT :
1. Through the medium of this writ petition, petitioner prays for quashment of detention Order No.29/DMB/PSA/2024 dated 16.04.2024, passed by District Magistrate, Baramulla – respondent no.2, whereby detenu, namely, Aijaz Ahmad Mir @ Molvi S/o Ghulam Hassan Mir R/o Logripora, Bomai, Zaingeer, Sopore , Baramulla, has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of Public Order in the UT of J&K, on the grounds made mention of therein.
2. Respondents have filed reply affidavit, insisting therein that the activities indulged in by detenu are anti-national and anti-social and the allegations have been meticulously linked to the detenu's involvement, based on concrete evidence and investigative findings, as he is involved in the activities prejudicial to the maintenance of public Order of UT of J&K. The activities narrated in the grounds of detention have b
Preventive detention requires a clear live link between recent activities and the grounds for detention; mere reliance on past actions is insufficient.
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.
The detention under the Act should be based on a proper assessment of the impact on public order, and the detaining authority must consider all relevant facts, including the detenue's bail status.
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