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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
M.ACHOWDHARY
Mohammad Syed Rehman Shamus, S/o. Shamus Ammer-U-Din – Appellant
Versus
Union Territory of J&K, through Principal Secretary to Govt. Home Deptt. – Respondent
| Table of Content |
|---|
| 1. psa detention order challenged for procedural flaws. (Para 1 , 2) |
| 2. debate on grounds vagueness and sufficiency. (Para 3 , 4 , 5) |
| 3. vague grounds prevent effective representation. (Para 6 , 7) |
| 4. verbatim dossier shows non-application of mind. (Para 8 , 9 , 10) |
| 5. preventive detention invalid if normal law adequate. (Para 11) |
| 6. detention quashed due to multiple vitiating factors. (Para 12 , 13) |
JUDGMENT :
M. A.CHOWDHARY, J.
1. District Magistrate, Srinagar-Respondent No.2 (for short ‘Detaining Authority’) in exercise of powers conferred on him under Section 8 of the J&K Public Safety Act, 1978 has passed the Detention Order No. DMS/PSA/97/2021 dated 07.12.2021 (for short ‘impugned order’), in terms whereof the detenue was ordered to be detained to prevent him from the activities prejudicial to the maintenance of Public Order.
1. The order of detention is challenged by the detenue through the medium of this petition, inter alia, on the grounds that the respondents have not followed due procedure of law while detaining the detenue under the preventive law which renders his detention illegal; that the illegal activities attributed to the detenue are all imaginary and base
Preventive detention quashed for vague grounds preventing representation, verbatim police dossier reproduction showing non-application of mind, and failure to show ordinary law inadequacy.
The main legal point established is the distinction between law and order and public order, emphasizing that preventive detention should be reserved for emergent situations affecting public order.
Preventive detention is aimed at preventing the commission of an offence or preventing the detained person from achieving a certain end. The satisfaction of the detaining authority for preventive det....
Preventive detention requires specific grounds and independent application of mind by the detaining authority; mere reproduction of police dossiers is insufficient.
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