Preventive detention must be based on immediate threats to public order, not merely on past criminal behavior, and should not bypass ordinary criminal law.

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 petitioner to be a hardcore criminal, desperate character and a history sheeter of Police Station Miran Sahib. The petitioner is also projected to be a habitual offender involved in many criminal offences violating the rule of law by indulging in attempts to murder/stabbings by using illegal fire arms and sharp edged weapons carrying out his criminal activities thereby terrorizing the innocent citizens thereby rendering his activities prejudicial to the maintenance of public order. The criminal cases in which the petitioner’s involvement came to be referred in the dossier are as under:-

I. FI R No. 98/2009 U/S 452/323/34/RPC 4/25 A. Act P/S Miran Sahib

Brief facts of the case are that on 30-07-2009, on the statement of injured person namely Raspreet Singh S/O Sohan Singh Caste Sikh R/O Makhanpur Gujran, Tehsil R.S. Pura Jammu to the effect that the subject alongwith his associates were doing some nasty taks outside his house. When he asked them not to do so, they started thrashing him. The complainant ran towards his house but the subject alongwith his associates entered his house and attacked him with sharp edged weapons (Tokas) and injured him badly. On this instant case was registered and subject and his associates were arrested and weapon of offence was recovered from their possession. The case was challaned before the Hon'ble Court of Law on 15-10- 2009.

II. FI R No. 97/2012 U/S 307/324/201/34/RPC 4/25 A. Act P/S. Bahu Fort

Brief facts of the case are that on the statement of Kamaljeet Singh S/O Gurdeep Singh R/O H. No. 73, Sector No. 07, Nanak Nagar, Jammu-wherein he stated that on 24-05-2012 the subject alongwith his two associates came on a motorcycle in the shop of Parveen Singh S/O Raghubir Singh R/O Talab Tillo Jammu at Transport Nagar, Narwal Jammu and attacked Parveen Singh with sharp edged weapons (Tokas) and injured him severely. They attacked him with criminal and common intention to kill him. On this instant case was registered in Police Station Bahu Fort Jammu. During the course of investigation subject and his associates were arrested and weapon of offence ie Tokas were recovered. Challan of the said case was produced before the Hon'ble Court of Law on 29-05-2014.

III. FIR No. 43/2014 U/S 323/341/RPC P/S Miran Sahib

Brief facts of the case are that the case has been registered on 23-03-2014 on the statement of injured person namely Tejinder Singh @ Happy S/O Mohinder Singh Caste Sikh R/O W.No.04 Simbal Camp to the effect that on the said date subject stopped him on a road that goes to his house and assaulted him, beating him to pulp and also injured him. The subject also threatened him to kill him next time. On this instant case stands registered at Police Station Miran Sahib and investigation was set into motion. After completion of inves