Back
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 :
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 been reiterated in the reply/counter 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 relevant material, which has been relied upon by the detaining authority, was provided to the detenu at the time of execution of warrant.
4. Learned counsel for petitioner has stated that the detenu has been shown involved in FIR Nos.109/2021 and 163/2021 under Section 307, 147 , 148,
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.
The detention under the Act must be based on material connecting the detenue's activities to a threat to public order, and the detaining authority must consider vital facts, including the detenue's b....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
