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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Ghulam Nabi Wani – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
RAHUL BHARTI, J.
1. Heard learned counsel for the petitioner as well as for the respondents.
2. Perused all pleadings of the case alongwith documents addressed from both sides and also perused the detention record.
3. Petitioner Ghulam Nabi Wani, acting through his brother Mohd. Yousuf Wani is invoking habeas corpus jurisdiction of this Court under article 226 of the Constitution of India for seeking restoration of his personal liberty by quashment of preventive detention order passed against him by the respondent No.2- District Magistrate, Baramulla under Jammu and Kashmir Public Safety Act, 1978. The institution of the writ petition is dated 27.05.2024.
4. For the purpose of seeking preventive detention of the petitioner in order to check him from indulging in alleged activities prejudicial to the Security of the State, the Senior Superintendent of Police (SSP), Baramulla, by virtue of his letter No. Lgl/PSA/2024/877-80 dated 06.04.2024, had submitted a dossier thereby reporting the alleged state of activities of the petitioner to the respondent No.2- District Magistrate, Baramulla for subjecting the petitioner to preventive detention custody.
5. Acting upon said dossier, th
The detainment of an individual under preventive detention must adhere to due process and legality, and any serious lacuna in the execution of the detention warrant can render the detainment illegal.
Preventive detention must be justified by clear grounds and cannot serve punitive purposes; failure to differentiate factual basis renders detention illegal.
Preventive detention under PSA invalid as short-circuiting of uncompleted BNSS Section 126 proceedings; subjective satisfaction must link to state security prejudicial activities, not criminal/anti-n....
Preventive detention under PSA invalid if short-circuiting unconcluded BNSS section 126 proceedings without final orders; subjective satisfaction must tie to State security, not mere criminal/anti-na....
Preventive detention must be justified by adequate grounds and proper application of mind, failing which is deemed illegal.
Preventive detention must be justified by relevant and timely grounds; reliance on stale FIRs is insufficient to curtail personal liberty.
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