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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
M.A.CHOWDHARY
Rouf Ahmad Lone, S/o. Late Abdul Majeed Lone – Appellant
Versus
Union Territory of J&K through Principal Secretary to Govt. Home Department – Respondent
| Table of Content |
|---|
| 1. preventive detention based on prior anti-national activities. (Para 1 , 2 , 3 , 4 , 5) |
| 2. article 22(5) permits detention without trial for security. (Para 6 , 7 , 8) |
| 3. representation rights and materials duly provided to detenue. (Para 9) |
| 4. judicial review limited; cannot substitute subjective satisfaction. (Para 10 , 11 , 12 , 13 , 14) |
| 5. detention upheld; petition dismissed. (Para 15 , 16) |
JUDGMENT :
M. A. CHOWDHARY, J.
1. By virtue of Detention Order No. 06/DMP/PSA/25 dated 30.04.2025 (for short ‘impugned order’) passed by respondent No.2-District Magistrate, Pulwama the detenue namely Rouf Ahmad Lone S/O Late Abdul Majeed Lone R/O Lelhara, Kakapora, Pulwama was ordered to be detained under preventive custody in terms of Section-8 of J&K Public Safety Act, 1978 (for short ‘the Act’) with a view to prevent him from acting in any manner prejudicial to the security of State, to warrant immediate measures to be taken against him to prevent him from indulging in such activities.
2. Aggrieved of the said detention order, detenue, through his mother, has filed the present petition seeking quashment of the same on the grounds, that the detenue, in terms of the impugned ord
Preventive detention upheld validating detaining authority's subjective satisfaction from material on continued anti-national activities prejudicial to state security; courts do not substitute views ....
Preventive detention upheld where detaining authority's subjective satisfaction rationally based on material indicating prejudicial activities to state security; courts cannot substitute view or ques....
The main legal point established in the judgment is the necessity of the government's satisfaction for preventive detention, the objective of preventive detention to protect society, and the non-puni....
The main legal point established in the judgment is the preventive nature of the detention under the Public Safety Act, aimed at preventing anti-social and subversive elements from endangering the se....
Detention - Not for the court to sit in the place of the Government and try to determine if it would have come to the same conclusion as the Government.
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