Back
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Makhan Lal @ Makhni – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. The petitioner, through the medium of the present petition, has challenged Order No. 06-PSA of 2025 dated 13.06.2025 issued by District Magistrate, Udhampur- respondent No. 2 herein whereby the petitioner, namely, Makhan Lal @ Makhni has been placed under preventive detention so as to prevent him from acting in any manner prejudicial to maintenance of public order.
02. The impugned order of detention has been challenged by the petitioner on the grounds that the same has been passed by the detaining authority without application of mind. It has been contended that there were no compelling reasons with the detaining authority to pass the impugned order of detention when the petitioner was already facing prosecution in some of the FIRs registered against him. According to the petitioner, the allegations leveled against him in the grounds of detention are fabricated and concocted and even if the same are taken to be true still then having regard to the nature of these allegations, it cannot be stated that activities of the petitioners are prejudicial to the maintenance of public order. It has been further contended that the petitioner was not informed of the
Unexplained one-month delay in passing preventive detention order post-dossier vitiates it, indicating no urgency; bovine transportation offences insufficient for public order threat without recorded....
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 main legal point established in the judgment is that activities must have the potential to disturb public order by affecting the community or public at large to be considered prejudicial to publi....
Preventive detention orders must disclose compelling reasons, especially when the individual is already in custody, or they become unsustainable under law.
The main legal point established is the distinction between law and order and public order, emphasizing that preventive detention should be reserved for emergent situations affecting public order.
Preventive detention under the Jammu & Kashmir Public Safety Act must be justified by current threats to public order, not merely by past criminal activities.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
