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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Mohammad Usman Bhat – 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 the pleadings and the documents therewith.
3. The detention record produced also perused minutely.
4. The preventive detention custody being subjected to and suffered by the petitioner- Mohammad Usman Bhat has come to be assailed by him through medium of present wit petition filed through his wife Akhtar Jan Begum.
5. The petitioner is resident of village Sahora Uri, District Baramulla and was aged 51 years at the time of institution of present writ petition on 06.06.2024.
6. The District Police, Baramulla, acting through Senior Superintendent of Police (SSP) Baramulla, by virtue of a letter No. Lgl/PSA/2024/865-68 dated 06.04.2024 submitted a dossier with respect to the petitioner’s alleged activities which in the estimate of the Senior Superintendent of Police (SSP), Baramulla afforded a case for seeking preventive detention of the petitioner so as to ward off his indulgence in the activities reckoned to be prejudicial to the maintenance of security in the UT of J&K.
7. In his three and half page dossier, the Senior Superintendent of Police (SSP) Baramulla, came to refer to
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.
The failure to consider a detenue's representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention invalid.
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....
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