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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
RAJESH SEKHRI
Shabir Shah S/o Bagh Hussain – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
JUDGMENT :
RAJESH SEKHRI, J.
1. Challenge in this petition ha s been thrown to a detention order No. 04/PSA of 2025 dated 29.05.2025, passed by respondent No. 2-District Magistrate, Samba, under Section 8 of Public Safety Act, 1978 [“PSA”], vide which petitioner came to be detained.
2. Background facts of the case are that Senior Superintendent of Police, Samba, vide his communication dated 26.05.2025, submitted a dossier regarding illegal activities of the petitioner and recommended his detention under PSA. It was alleged that petitioner being involved in a series of criminal activities was a threat to life and liberty of people.
3. The sponsoring authority recommended detention of the petitioner on the basis of 05 criminal cases registered against him viz; FIR No. 35/2021 under Section 188 IPC and 11 PCA Act of P.S. Ghagwal, FIR No. 73/2021 under Section 188 IPC and 11 PCA Act of P.S. Ghagwal, FIR No. 300/2022 under Section 188 IPC and 11 PCA Act of P.S. Samba, FIR No. 26/2024 under Section 188 IPC, 11 PCA Act, 03 PDPP, 50/52/54 of Animal Transport Act, 1978 of P.S. Ghagwal and FIR No. 24/2025 under Section 223 BNS, 11 PCA Act, 03 PDPP and 50/52/54 Animal Transport Act, 1978 of P.S.
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.
Object of the law of preventive detention is not punitive, but is only preventive.
The detention order under the National Security Act was based on the subjective satisfaction of the detaining authority, considering the likelihood of the detainee being released from custody in the ....
Point of Law : Provisions of the Section 8, thus, clearly provide that it is the satisfaction of the State Government on the point which alone is necessary to be established.
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