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HIGH COURT OF JAMMU AND KASHMIR
DILBAGH SINGH TH AMNEET KOUR – Appellant
Versus
U T OF J AND K TH COMMISSIONER SECRETARY HOME DEPTT AND OTHERS – Respondent
JUDGMENT :
01. Heard Mr. Karman Singh Johal, learned counsel for the petitioner and perused the detention record produced by the respondent No. 3 – District Magistrate, Jammu.
02. Acting through his wife – Amneet Kour, the petitioner has petitioned this Court with the present writ petition instituted on 03.04.2024 seeking quashment of preventive detention slapped against him under the Jammu & Kashmir Public Safety Act,1978 by the respondent No. 3 – District Magistrate, Jammu and approved by the respondent No. 1 – Govt. of UT of Jammu & Kashmir.
03. The respondent No. 4 – Sr. Superintendent of Police(SSP), Jammu vide his communication No. CRB/Dossier/2022/21/ DPOJ dated 27.10.2022 came to submit a dossier to the respondent No. 3 – District Magistrate, Jammu on the basis of which the preventive detention of the petitioner under the Jammu & Kashmir Public Safety Act, 1978 was solicited on the ground that the alleged activities of the petitioner are highly prejudicial to the maintenance of public order and, therefore, warranted his preventive detention.
04. In the dossier so framed against the petitioner, the respondent No. 4 – Sr. Superintendent of Police (SSP), Jammu came to refer the pe
Preventive detention must be based on immediate threats to public order, not merely on past criminal behavior, and should not bypass ordinary criminal law.
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.
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 under the J&K Public Safety Act requires sufficient grounds related to public order; mere allegations without current relevance do not justify detention.
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.
Preventive detention orders must demonstrate awareness of the detenue's custody status and cannot conflate grounds of public order and security of the State; failure to do so invalidates the order.
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 under the Jammu and Kashmir Public Safety Act requires the detaining authority to provide grounds for detention and adhere to procedural safeguards, but the subjective satisfacti....
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