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D.A.DESAI, P.N.BHAGWATI
Jaya Mala – Appellant
Versus
Home Secretary, Government Of Jammu And Kashmir – Respondent
Analysis of paragraph 9 of this judgment reveals that the court emphasizes the importance of considering the age and maturity of the detenu when evaluating the validity of a detention order. The court notes that the radiological examination report, which was conducted several months after the detention, indicates that the detenu was approximately 17 years old at the time of arrest. The court highlights the inherent margin of error in age estimation through radiological methods, which can be up to two years on either side. Consequently, the court concludes that the detenu was a young school-going boy, and it is difficult to justify subjecting such a juvenile or adolescent to the drastic measure of preventive detention, especially when the alleged activities are minor and do not pose a serious threat to public order. The court underscores that young individuals, even if slightly misdirected or enthusiastic, should not be treated with harsh preventive measures, and in the circumstances of the case, the detention order was deemed unwarranted and was quashed (!) .
JUDGMENT
DESAI, J. :— On May 6, 1982, we made the following order :
"This is a petition for writ of habeas corpus for release of Riaz Ahmed who has been detained under the Public Safety Act, 1978. The petition has been brought by the petitioner for release of Riaz Ahmed from the detention on various grounds set out in the writ petition. We are of the view for the reasons which we shall record later that the detention of Riaz Ahmed, is invalid and we accordingly allow the writ petition and direct that Riaz Ahmed be set at liberty forthwith."
Here are the reasons.
2. District Magistrate, Jammu, respondent 5 herein, made an order dated Oct. 17, 1981, directing detention of Riaz Ahmed alias Riaz, son of Mir Mohammad, resident of Julaka Mohalla, Jammu Tawi, under Sec. 8 of the Jammu & Kashmir Public Safety Act, 1978 (Act for short). Pursuant to this order the detenu was arrested on Oct. 18, 1981, and detained in Sub-Jail, Rasi, but this order was modified on October 19, 1981, and the detenu was detained in Central Jail, Jammu. Grounds of detention were communicated on Oct. 20, 1981, and were served upon the detenu on Oct. 21, 1981. Detenu appears not to have made any representation even th
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