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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MR. JUSTICE RAHUL BHARTI, J
Sumit Jandyal alias Gataru S/o Sh. Om Parkash Gupta – Appellant
Versus
Union Territory of Jammu & Kashmir through its Principal Secretary, Department of Home – 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 – Sumit Jandyal, acting through his father – Om Parkash Gupta is invoking writ jurisdiction of this Court under article 226 of the Constitution of India seeking a writ of habeas corpus for restoration of his personal liberty which has come to be curtailed with effect from 10.05.2024 pursuant to exercise of preventive detention jurisdiction under the Jammu & Kashmir Public Safety Act, 1978.
03. The respondent No. 3 – Senior Superintendent of Police (SSP), Samba addressed a communication No. Legal/PSA/2024/ 870-73 dated 01.05.2024 to the respondent No. 2 – District Magistrate, Samba thereby laying a dossier with respect to the petitioner seeking his preventive detention under the Jammu & Kashmir Public Safety Act, 1978 by referring to the activities of the petitioner as cited in the dossier highly prejudicial to the maintenance of public order.
04. In the said dossier, the respondent No. 3 - Senior Superintendent of Police (SSP)
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 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.
The court held that preventive detention requires substantiated and lawful justifications, ruling against arbitrary state authority.
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 & Kashmir Public Safety Act must be justified by a clear threat to public order, not merely based on past criminal activities.
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