Preventive detention under the Jammu & Kashmir Public Safety Act must be justified by a clear threat to public order, not merely based on past criminal activities.

JUDGEMENT

1. Heard Mr. A.P. Singh, learned counsel for the petitioner and Mr. Rajesh Thappa, learned AAG. Perused the writ pleadings along with the annexed documents. Perused the detention record produced by Mr. Rajesh Thappa, learned AAG.

2. The respondent No. 2–District Magistrate, Jammu by virtue of an Order No. PSA-25 of 2023, dated 06.11.2023 ordered preventive detention of the petitioner under section 8(1)(a) of the Jammu & Kashmir Public Safety Act, 1978 holding his alleged activities prejudicial to the maintenance of public order thereby warranting the preventive detention and lodgment in Central Jail, Kot Bhalwal, Jammu. The detention order came to be executed by Sub Inspector–Suraj Parkesh of Police Station Akhnoor on 09.11.2023.

3. Against the preventive detention so slapped upon him by virtue of the aforesaid order thereby depriving him of his personal liberty, the petitioner, acting through his brother, came forward with the present writ petition filed on 29.12.2023 challenging the detention order along with the basis thereof so as to retrieve his lost personal liberty by earning quashment of the detention order and his consequent release from the Central Jail, Kot Bhalwal, Jammu.

4. The case for seeking preventive detention of the petitioner was mooted to the respondent No. 2–District Magistrate, Jammu by the Sr. Superintendent of Police (SSP), Jammu vide communication No. CRB/Dossier/2023/48/DPOJ, dated 02.11.2023 thereby forwarding a dossier against the petitioner narrating his alleged state of activities rendering him a prospect for preventive detention under the Jammu & Kashmir Public Safety Act, 1978 for the sake of maintenance of public order. The dossier was accompanied with requisite documents related to the petitioner's alleged prejudicial activities.

5. Acting upon the said dossier, the respondent No. 2-District Magistrate, Jammu came to formulate the grounds of detention thereby drawing a subjective satisfaction therefrom that a case was made out against the petitioner for his preventive detention under section 8(1)(a) of the Jammu & Kashmir Public Safety Act, 1978 for the purpose of maintenance of public order.

6. In the grounds of detention, the petitioner came to be referred as a hardcore criminal, desperate character and history sheeter and habitual of indulging in smuggling of bovine animals with potential to promote feeling of enmity and disharmony among communities. The petitioner is referred to be involved in numerous criminal activities of serious and heinous nature over a period of time thereby spreading a reign of terror amongst the peace loving people of the area by which anti-social activities the maintenance of public order was found to be a risk.

7. With respect to the antecedents of the petitioner, following FIRs came to be set out in the grounds of detention being drawn from the dossier itself:

(a) FIR No. 194/2017 u/s 341/323/506 P/s Akhnoor.

(b) FIR No. 132/2020 u/s 188 IPC 11 PCA Act P/s Sunderbani.

(c) FIR No. 02/2021 u/s 188 IPC P/s Khour.

(d) FIR No. 69/2021 u/s 188 IPC 11 PCA Act P/s Nowshera.

(e) FIR No. 88/2021 u/s 188 IPC 11 PCA Act P/s Manjakot.

(f) FIR No. 281/2021 u/s 332/147 IPC P/s Akhnoor.

(g) FIR No. 319/2021 u/s 188 IPC 11 PCA Act P/S Akhnoor.

(h) FIR No. 04/2022 u/s 188 IPC 11 PCA Act P/s Dharamsala.

(i) FIR No. 290/2022 u/s 188 IPC 11 PCA Act P/S Akhnoor.

(j) FIR No. 23/2023 u/s 188 IPC 11 PCA Act P/S Khour.

(k) FIR No. 119/2023 u/s 188 IPC 11 PCA Act P/S Akhnoor.

8. The Home Department, UT of Jammu & Kashmir by virtue of Govt. Order No. Home/PB-V/2586 of 2023, dated 10.11.2023 acing under section 8(4) of the Jammu & Kashmir Public Safety Act, 1978, came to lend its approval to the preventive detention Order No. PSA 25 of 2023 dated 06.11.2023 passed by the respondent No. 2–District Magistrate, Jammu forwarding the case for Advisory Board's opinion which came forward in terms of an Opinion Report dated 22.11.2023 justifying the detention of the petitioner, as a result whereof by vir