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HIGH COURT OF JAMMU AND KASHMIR
MRS. JUSTICE SINDHU SHARMA, J
GHULAM RASOOL ALIAS GHULAMI TH GAFOOR – Appellant
Versus
U T OF J AND K TH COMMISSIONER SECRETARY HOME DEPTT AND OTHERS – Respondent
JUDGMENT
01. The petitioner, through his son, has challenged the Order No. PSA 33 of 2023, dated 28.11.2023, whereby the District Magistrate, Jammu, has placed him under detention with a view to prevent him from acting IN any manner prejudicial to the maintenance of public order.
02. The impugned detention order has been assailed by the detenue on the ground that the same suffers from total non-application of mind, as the grounds of detention are verbatim of the dossier submitted by the Senior Superintendent of Police, Jammu. The petitioner argues that the detention order cites his involvement in several FIRs, all registered with Police Station Nagrota, Jammu, including: FIR No. 64/2024 under Sections 392/354 RPC; FIR No. 161/2010 under Sections 341/323/34 RPC; FIR No. 223/2011 under Sections 341/332/34 RPC; FIR No. 192/2013 under Sections 341/323 RPC; FIR No. 252/2013 under Sections 341/323/34 RPC; FIR No. 276/2015 under Sections 452/341/323/147/504/506/382 RPC; and FIR No. 194/2023 under Sections 382/354/323/34 RPC.
03. It is further submitted by the detenue that the Detaining Authority has not shown any awareness to the fact that in FIR No. 161/2010 registered under Sections 341/32
The detaining authority must demonstrate awareness of all relevant facts before issuing a preventive detention order; failure to do so constitutes non-application of mind, rendering the order invalid....
Detention orders must consider all relevant facts, including bail status; failure to do so renders the order invalid.
Preventive detention orders must consider the detenu's bail status and communicate grounds in a language understood by the detenu, failing which the order is invalid.
Preventive detention requires specific grounds and independent application of mind by the detaining authority; mere reproduction of police dossiers is insufficient.
Preventive detention orders must provide all relevant material to the detenue for effective representation; failure to do so renders the order illegal.
Point of law : A person involved in a criminal case can be detained under the provisions of preventive detention laws provided there are compelling circumstances for doing so otherwise the order of d....
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 orders must be executed promptly and based on clear grounds; failure to do so renders the order invalid.
Preventive detention is invalid if the individual is already in custody for a substantive offense, emphasizing the necessity for compelling reasons and proper application of mind by the detaining aut....
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