Srinagar (Jammu and Kashmir): In an interesting decision, the High Court of Jammu and Kashmir and Ladakh has invalidated a detention order issued under the Jammu and Kashmir Public Safety Act, 1978, asserting that preventive detention cannot be justified solely on suspicions and conjectures from law enforcement authorities.
The ruling, delivered by a bench led by Justice Rahul Bharti on Wednesday, emphasized the imperative need for specific and fact-based grounds for detention. This significant judgment came in response to a habeas corpus petition filed by Jehangir Ahmad Mir, challenging his detention ordered by the District Magistrate of Srinagar in June 2022.
Mir's detention was premised on allegations of activities deemed prejudicial to the "security of the state," as outlined in a dossier prepared by the Senior Superintendent of Police (SSP) of Srinagar. However, the High Court of Jammu and Kashmir and Ladakh found the grounds of detention deficient in factual details, underscoring the failure to provide Mir with a clear comprehension of the accusations leveled against him.
Justice Bharti of the High Court, invoking established legal precedents, underscored the necessity for objective and specific grounds for preventive detention. He remarked that detention orders founded on vague or factually deficient statements are susceptible to challenge and annulment.
Consequently, the High Court decreed Mir's immediate release and instructed the District Magistrate of Srinagar to ensure his safe release from custody. This ruling not only underscores the judiciary's commitment to upholding individual rights but also sets a significant precedent in reining in arbitrary exercises of preventive detention powers.
