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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MOHD YOUSUF WANI
Mohd Ayaz – Appellant
Versus
Ut Of J&K – Respondent
JUDGMENT :
MOHD YOUSUF WANI, J.
1. Impugned in the instant petition, filed under the provisions of Article 226 of the Constitution of India by the petitioner through his brother is an order of detention bearing No. DMP/PSA/05 of 2025 dated: 11.06.2025 passed by the respondent No. 2 (hereinafter referred to as the ‘Detaining Authority’ for short), while invoking his powers under Section 8(1)(a) of the Jammu and Kashmir Public Safety Act, 1978 (hereinafter referred to as the ‘Act’ for short), whereby the petitioner has been ordered to be detained with a view to prevent him from acting in any manner prejudicial to the maintenance of public order and lodged in the Central Jail Kot Bhalwal, Jammu. The petitioner-detenue has assailed the impugned detention order on the grounds, inter alia, that he is a citizen of India and a domicile of UT of Jammu and Kashmir, as such, within his rights to seek the enforcement of his constitutional as well as other legal/statutory rights; that he is of the age of 49 years and a permanent resident of Buni Khet (Dhooni Khet) District, Poonch, who has been falsely branded as a habitual bovine smuggler for managing his preventive detention; that the impugned
Preventive detention must be justified by a clear threat to public order, not merely law and order, and requires the detaining authority to apply its mind independently.
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.
The detenue's right to make an effective representation against preventive detention is guaranteed under Article 22(5) of the Constitution of India. Failure to supply the material forming the basis o....
The detention order must be based on compelling reasons, and the detaining authority must supply all material forming the basis of the detention to enable effective representation. Failure to do so r....
The main legal point established is that preventive detention cannot be a substitute for ordinary law and must be exercised with caution, ensuring that the detention is extremely necessary and the ac....
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