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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Rahul Bharti
Bilal Ahmad Malla – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
01. Heard learned counsel for the parties.
02. Perused the pleadings and the record therewith. Also perused the detention record produced from the end of the respondents.
03. Acting through his wife-Bilques, the petitioner-Bilal Ahmad Malla has invoked writ jurisdiction of this court under article 226 of the Constitution of India for seeking issuance of a writ of habeas corpus for quashment of his preventive detention and restoring his personal liberty by release from the Central Jail Jammu, Kotbhalwal.
04. The preventive detention of the petitioner is sourced to an order No. DMS/PSA/75/2022 dated 28th of June, 2022 passed by the District Magistrate, Srinagar acting in exercise of power under section 8 of the Jammu & Kashmir Public Safety Act, 1978 in terms whereof the petitioner was ordered to be detained and to be kept in confinement in the Central Jail Jammu, Kotbhalwal.
05. A case for curbing the personal liberty of the petitioner was sponsored by the Senior Superintendent of Police (SSP), Srinagar by submitting a dossier vide letter No. Lgl/Det-PSA/2022/12876-79 dated 27th of June, 2022 wherein it came to be reported that the petitioner is a hard core OGW involved in har
Preventive detention must be justified and cannot be used to circumvent judicial processes, especially when the individual is already in custody.
Preventive detention should not be based on stale incidents and should not be used as a mode of punishment without trial.
Preventive detention must be based on current and relevant facts; failure to consider a petitioner's representation and provide complete grounds renders the detention illegal.
Preventive detention must be justified by clear grounds and cannot serve punitive purposes; failure to differentiate factual basis renders detention illegal.
Preventive detention requires timely and credible evidence; undue delay and failure to address representation render detention illegal.
The detainment of an individual under preventive detention must adhere to due process and legality, and any serious lacuna in the execution of the detention warrant can render the detainment illegal.
Preventive detention must be justified by adequate grounds and proper application of mind, failing which is deemed illegal.
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