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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
RAJESH SEKHRI
Shokat Ali S/o Nazir Din – Appellant
Versus
UT of J&K through Principal Secretary – Respondent
JUDGMENT :
RAJESH SEKHRI, J.
1. Challenge in this petition has been thrown to a detention order No. PSA 168 of 2025, dated 25.06.2025, issued by respondent no. 2-District Magistrate Kathua, vide which petitioner came to be detained, under Section 8 of J&K Public Safety Act, 1978 [“PSA”] and lodged in Central Jail Kot Bhalwal, Jammu.
2. Background facts of the case are that Senior Superintendent of Police, Kathua, describing the petitioner as a desperate character, habitually indulging in the smuggling of bovine animals, submitted a dossier and connected documents to District Magistrate Kahtua [“the detaining authority”] for his detention.
3. The dossier elaborated four FIRs against the petitioner viz., FIR No. 163/2022 U/S 188 IPC, 11 PC Act of P.S Ghagwal, FIR No. 12/2023 u/s 188 IPC, 11 PC Act of P/S Lakhanpur, FIR No. 27/2023 u/s 188 IPC, 11 PC Act of P/S Rajbagh & FIR No. 53/2025 u/s 331(4) 305 BNS P/S Rajbagh. It was also alleged that on 27.04.2025, Sh. Karan Singh, Lamberdar and Sh. Prithpaul Singh, Sarpanch of Halqa Panchayat had confirmed that petitioner was repeatedly involved in bovine smuggling and theft cases. It was alleged that petitioner was not only involved in organize
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 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....
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.
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