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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MOHD.YOUSUF WANI
Mohd Shakoor, S/o Fateh Mohd – Appellant
Versus
UT of Jammu and Kashmir through Principal Secretary Home Department – Respondent
JUDGMENT :
MOHD.YOUSUF WANI, J.
1. Impugned in the instant petition, filed under the provisions of Article 226 of the Constitution of India, by the petitioner through his father, is the order of Detention bearing No. DMR/PSA/07 of 2025 dated 22.05.2025 passed by the respondent No.2 i.e. District Magistrate, Rajouri (hereinafter referred to as the "detaining authority", for short), while invoking his powers under Section 8(1) (a) (i) of the Jammu and Kashmir Public Safety Act, 1978 (hereinafter referred to as the "Act", for short), whereby the petitioner/detenu has been ordered to be detained with a view to prevent him from acting in any manner prejudicial to the maintenance of public order and lodged in Central Jail, Kot Bhalwal, Jammu.
2. The petitioner has sought the issuance of the writs of certiorari and mandamus for quashment of the impugned detention order and his immediate release from the alleged unlawful detention.
3. The petitioner has assailed the impugned detention order on the grounds inter alia that he is a citizen of India and a domicile of UT of Jammu and Kashmir residing at Village Saroola Tehsil Manjakote District Rajouri; that he was actually called by the police st
Preventive detention must be justified by a clear threat to public order, not merely law and order, and requires the detaining authority to apply its mind independently.
The necessity to place all material, including orders of granting bail, before the detaining authority to enable them to derive subjective satisfaction for the detention.
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 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.
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