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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Mehmoodul Hassan Shah – Appellant
Versus
Union Territory J&K through Principal Secretary to Govt. – Respondent
JUDGMENT :
01. Heard learned counsel for the petitioner as well as for the respondents.
02. Perused the writ pleadings as well as the counter affidavit along with the documents on record.
03. The petitioner came to suffer loss of his personal liberty when the respondent No. 2 – District Magistrate, Kupwara, by virtue of an Order No. 14-DMK/PSA of 2025 dated 30.04.2025, came to direct the petitioner’s preventive detention under section 8(1)(a)(i) read with clause (ii) of sub- section (2) of section 8 of the Jammu & Kashmir Public Safety Act, 1978 in order to prevent the petitioner from acting in a manner prejudicial to the security of UT of Jammu & Kashmir and directed his confinement to be in the Central Jail Kotbhalwal, Jammu.
04. The occasion for the respondent No. 2 – District Magistrate, Kupwara to come up with issuance of said detention order came into play when Sr. Superintendent of Police (SSP), Kupwara addressed a communication No. PSA- Cell/DOS/02/2025/21607-10 dated 26.04.2025 to the respondent No. 2 – District Magistrate, Kupwara accompanied with a dossier in which the alleged state of activities of the petitioner in his state of personal liberty were reckoned to be prejudic
Preventive detention under the Jammu & Kashmir Public Safety Act was found illegal due to lack of substantive grounds and procedural violations, emphasizing the protection of personal liberty.
Preventive detention must be justified by clear grounds and cannot serve punitive purposes; failure to differentiate factual basis renders detention illegal.
The distinction between law and order and public order is crucial in cases of preventive detention, and the impact on the community must be considered. The failure to respond to the petitioner's repr....
The court held that preventive detention requires substantiated and lawful justifications, ruling against arbitrary state authority.
Preventive detention – Subjective satisfaction, which a Detaining Authority is required to arrived at on the basis of material before it is not subject matter of judicial review.
The need for proximate and rational connection of past conduct to the necessity of preventive detention, and the illegality of mala fide detention.
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