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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI, J
Muneeb Ahmad Thoker S/o Mohd. Amin Thoker – Appellant
Versus
Union Territory of J&K through Principal Secretary to Govt. – Respondent
JUDGMENT :
1. Heard learned counsel for both the sides.
2. Perused the pleadings and the record therewith. Studied the detention record produced by Mr. Furqan Yaqub Sofi, learned Government Advocate for the respondents.
3. The petitioner-Muneeb Ahmad Thoker, acting through his father namely Mohd. Amin Thoker, has petitioned this court through the medium of the present writ petition filed on 17.05.2024 whereby release of the petitioner from preventive detention custody is being solicited as the petitioner is undergoing preventive detention being lodged in the Central Jail, Srinagar.
4. The Superintendent of Police (SP), Kulgam, by virtue of communication No. Legal/PSA/2024/5097-5100 dated 30.03.2024, came to place a dossier before the District Magistrate, Kulgam with respect to the petitioner making out a case of his preventive detention in order to prevent the petitioner from acting in any manner prejudicial to the security of Union Territory of Jammu & Kashmir.
5. Preventive detention order of the petitioner was solicited under clause 1(a) of section 8 of Jammu & Kashmir Public Safety Act, 1978.
6. In the dossier, the petitioner was referred to be an over ground worker (OGW) being motiv
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.
The distinction between law and order and public order is crucial in cases of preventive detention, and the impact on the community must be considered. The failure to respond to the petitioner's repr....
Preventive detention must be justified by relevant and timely grounds; reliance on stale FIRs is insufficient to curtail personal liberty.
Preventive detention under the Jammu & Kashmir Public Safety Act must be justified by current threats to public order, not merely past criminal behavior.
Preventive detention must be justified and cannot be used to circumvent judicial processes, especially when the individual is already in custody.
Preventive detention under the Jammu & Kashmir Public Safety Act was found illegal due to lack of substantive grounds and procedural violations, emphasizing the protection of personal liberty.
Preventive detention under the Jammu & Kashmir Public Safety Act must be justified by current threats to public order, not merely by past criminal activities.
Preventive detention under the Jammu & Kashmir Public Safety Act must be justified by a clear threat to public order, not merely based on past criminal activities.
Preventive detention must be justified by clear grounds and cannot serve punitive purposes; failure to differentiate factual basis renders detention illegal.
It is trite law that the subjective satisfaction, which a Detaining Authority is required to arrived at on the basis of the material before it is not subject matter of judicial review.
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