J&K Public Safety Act | Courts Cannot Substitute Decision Of Detaining Authority Taken As A Precautionary Measure To Protect Society
Case: Faheem Sultan Gojree Vs UT of J&K and another
Coram: Justice Sindhu Sharma
Case No.: WP(Cr1) No. 222/2021
Court Observation: “The decision of the Detaining Authority cannot be substituted by the Court while scrutinizing the detention order. Since preventive detention is a precautionary measure to protect the society from activities which may cause harm to their life and liberty. Preventive detention is a precautionary measure to protect the society from the activities that are likely to deprive a large number of people of their rights and protect them from damaging to their life and property.”
“Personal liberty is one of the most precious rights guaranteed under the Constitution and a person cannot be deprived of his personal liberty except by procedure established by law. Article 22(5) of the Constitution provides for detention of person without formal charge, trial or sentence from a competent Court under the enactment of preventive detention law. The object of the same is to protect the society from activities which would deprive a large number of people from their life and personal liberty.”
“The Detaining Authority after considering the material placed before it had arrived at the requisite satisfaction that the detenu was required to be placed under preventive detention in order to prevent him from acting in any manner prejudicial to the security of the State, therefore, there is no infraction of constitutional and statutory rights of the detenue. The Detaining Authority has arrived at its subjective satisfaction after considering all the material.”
Previous Posts
Keywords
J&K Public Safety Act, Detaining Authority
