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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
M.A.CHOWDHARY
Arshid Ahmad Khan @ Abu Musa, S/o. Mohammad Altaf Khan – Appellant
Versus
Union Territory of J&K, through Principal Secretary to Govt., Home Deptt. – Respondent
| Table of Content |
|---|
| 1. history of prior quashed psa detention. (Para 1 , 2) |
| 2. contentions on procedural safeguards and stale grounds. (Para 3 , 4) |
| 3. oral arguments on detention order validity. (Para 5 , 6 , 7) |
| 4. impugned order relies on quashed prior grounds. (Para 8 , 11) |
| 5. fresh facts required for subsequent detention. (Para 9 , 10) |
| 6. detention quashed; detenue ordered released. (Para 12) |
JUDGMENT :
M. A.CHOWDHARY, J.
1. Through the medium of this petition, the petitioner has challenged the detention Order No. 01-DMG-PSA-2025 dated 05.04.2025 issued by District Magistrate, Ganderbal - respondent No. 2 (for short detaining authority) by virtue of which the petitioner (for short ‘detenue’) has been ordered to be detained under Section 8 of the Jammu & Kashmir Public Safety Act, 1978 (for short ‘the Act’) to prevent him from activities prejudicial to the security of the State.
1. It is stated in the petition that the detenue was initially arrested and was falsely implicated in FIR No. 199/2020 registered in Police Station, Ganderbal for the commission of offences under Sections 13, 18, 20, 23, 39 UA(P) Act and Section 7/25 IA Act, wherein he was bailed out. Thereafter, the detenue was calle
Fresh preventive detention order invalid if based substantially on grounds of previously quashed detention order; prior grounds cannot be considered even in part, requiring new fresh facts.
Preventive Detention - Detention order quashed - If order of detention comes to an end either by revocation or by expiry of period of detention there must be fresh facts for passing a subsequent orde....
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....
The detention order was invalidated due to non-application of mind, failure to provide material to the detenue, and violation of procedural requirements.
The main legal point established in the judgment is the requirement for fresh facts for passing a subsequent detention order and the need to provide all relevant material to the detenue for making an....
Detention order - detenu did not know English, while the grounds of detention were drawn up in English and an affidavit filed on behalf of the detaining authority stated that while serving the ground....
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.
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