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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
M A CHOWDHARY, J
Zaffar Ahmad S/O late Fareed Ahmad – Appellant
Versus
UT of J&K through Commissioner/Secretary Department of Home, Civil Secretariat, Srinagar/Jammu – Respondent
JUDGMENT :
01. The petitioner through the medium of this petition filed under Article 226 of the Constitution of India seeks quashment of Order No. PSA 17 of 2024 dated 12.04.2024 (hereinafter to be referred as "detention order") passed by the District Magistrate, Jammu (hereinafter to be referred to as "detaining authority‟) whereby he has been ordered to be detained under Section 8(1) (a) of the Jammu and Kashmir Public Safety Act, 1978 and release from the custody.
02. The petitioner has challenged the detention order on various grounds, inter alia, that he has not been furnished the grounds of detention in his language which he understands as he is not well conversant with the English language being an illiterate person; that the detention order has been passed against him on the allegations of commission of offences of smuggling of bovine animals and cruelty to animals, however, none of the offences are heinous or against the violation of public order as such, the detention order is illegal; that the petitioner has not been served with whole of the material on which the detention order has been passed, such as, copies of the FIR and other documents, as such, he has been deprived
Preventive detention under the Jammu and Kashmir Public Safety Act requires clear evidence linking alleged activities to public order threats, which was absent in this case.
Preventive detention must be justified by a clear threat to public order, not merely law and order issues, and should be reserved for exceptional cases.
The judgment established the principle that preventive detention should only be resorted to when the alleged activities pose a threat to public order and when alternative remedies, such as cancelling....
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 main legal point established in the judgment is that activities must have the potential to disturb public order by affecting the community or public at large to be considered prejudicial to publi....
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.
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