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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, J
Irfan Nazir s/o Nazir Ahmad Dar – Appellant
Versus
UT of Jammu and Kashmir through Commissioner Secretary, Department of Home, Civil Secretariat, Srinagar/Jammu – Respondent
JUDGMENT :
1. Impugned in the instant petition, filed under the provisions of Article 226 of the Constitution of India by the petitioner is the order of Detention bearing No. DMS/PSA/07/2024 dated 04.04.2024 passed by the respondent No.2 (hereinafter referred to as the “detaining authority”, for short), while invoking his powers under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 (hereinafter referred to as the “Act”, for short), whereby the petitioner/detenu has been ordered to be detained with a view to prevent him from acting in any manner prejudicial to the maintenance of public order and lodged in Central Jail, Srinagar.
2. The petitioner/detenu has sought the issuance of writs of certiorari and mandamus for quashment of the impugned detention order and his immediate release from alleged illegal custody.
3. The order impugned has been assailed on the grounds interalia, that petitioner is a citizen of India and domicile of UT of J&K and as such entitled to legal and fundamental rights guaranteed under the Constitution of India; that he is filing the petition through his brother on account of his inability to do the same in person as being under detention; that the pet
Preventive detention must be justified by a clear threat to public order, not merely law and order, and requires the detaining authority to apply its mind independently.
Preventive detention must demonstrate a clear threat to public order, not merely rely on criminal charges or FIRs.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
Preventive detention requires a clear nexus to public order disturbance, not merely the existence of criminal charges.
Preventive detention must demonstrate a clear threat to public order, not merely rely on criminal charges or FIRs.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
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