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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAHUL BHARTI
Sumit Slathia @ Bhanu Partap Singh – Appellant
Versus
Union Territory of Jammu & Kashmir through its Commissioner/Secretary to Govt., Home Department – Respondent
JUDGMENT :
01. Heard learned counsel for the petitioner as well as Mr. Rajesh Thappa, learned AAG for the respondents. Perused the pleadings and the record therewith. Also perused the detention record produced by Mr. Rajesh Thappa, learned AAG.
02. The petitioner, who has been detained under the preventive detention custody, has petitioned this Court through his father –Jagdish Singh seeking a writ of habeas corpus under article 226 of the Constitution of India seeking quashment of preventive detention against him and his consequent release from illegal custody imposed upon him by virtue of an impugned detention order No.18/PSA of 2024 dated 08.05.2024.
03. The background facts related to the detention of the petitioner are that the respondent No. 3 - Sr. Superintendent of Police (SSP), Samba, by a communication No. Legal/PSA/2024/ 910-13 dated 06.05.2024, came to submit a dossier to the respondent No. 2 – District Magistrate, Samba against the petitioner seeking his detention under the J&K Public Safety Act, 1978 alleging that the petitioner’s liberty was prejudicial to the maintenance of public order on account of the alleged acts of omission and commission of the petitioner.
04. In
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.
Preventive detention must be justified by clear grounds and cannot serve punitive purposes; failure to differentiate factual basis renders 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 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 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 past criminal behavior.
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 must be based on clear evidence of imminent threat to public order, not solely on historical allegations; Courts emphasize independent scrutiny by authorities.
The court held that preventive detention requires substantiated and lawful justifications, ruling against arbitrary state authority.
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