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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Rahul Bharti
Abdul Momin Peer @ Momin – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
01. Heard learned counsel for the parties.
02. Perused the pleadings and the record therewith.
03. The petitioner, acting through his father, has come forward with the institution of present writ petition on 20th of June, 2024 thereby seeking a writ of habeas corpus for earning back his lost personal liberty on account of his preventive detention effected by an Order No. DIVCOM-“K”/29/2024 dated 1st of April, 2024 passed by the respondent No.2-Divisional Commissioner, Kashmir.
04. At the time of institution of the present writ petition, the petitioner was 22 years old.
05. A case for seeking preventive detention of the petitioner was mooted and sponsored by the Senior Superintendent of Police (SSP), Handwara who, vide his communication No. Pross/Dossier-PIT NDPS/2024/432-36 dated 20th of January, 2024, submitted a dossier by reference to the alleged antecedents of the petitioner warranting his preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT-NDPS) Act, 1988.
06. This dossier so submitted by the Senior Superintendent of Police (SSP), Handwara in January, 2024 remained unattended and un-responded at the end of the re
Preventive detention must be justified, timely, and consider the individual's legal status, such as bail, to avoid malice in law.
Preventive detention requires timely and credible evidence; undue delay and failure to address representation render detention illegal.
Preventive detention under the PIT-NDPS Act is illegal if there is undue delay in acting on the detention request and lack of reasoning for such delay.
Preventive detention must be justified and cannot be used to circumvent judicial processes, especially when the individual is already in custody.
Preventive detention cannot be punitive; authorities must seek bail cancellation if necessary to justify detention under the PITNDPS Act.
Preventive detention must be justified by clear grounds and cannot serve punitive purposes; failure to differentiate factual basis renders detention illegal.
Preventive detention should not be based on stale incidents and should not be used as a mode of punishment without trial.
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.
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