Pendency Of Prosecution No Bar To An Order Of Preventive Detention: J&K&L High Court

Case: Manzoor Ahmad Lone Vs UT of J&K & Ors

Coram: Justice Moksha Khajuria Kazmi

Case No.: WP(Crl) No. 01/2022

Court Observation: “An order of preventive detention may be, made before or during prosecution. An order of preventive detention may be made with or without prosecution and in anticipation or after discharge or even acquittal. The pendency of prosecution is no bar to an order of preventive detention and an order of preventive detention is also not a bar to prosecution. Discharge or acquittal of a person will not preclude detaining authority from issuing a detention order”

“There is no parallel between prosecution in a Court of law and a detention order under the Act. One is a punitive action and the other is a preventive act. In one, case a person is punished to prove his guilt and the standard is proof beyond reasonable doubt whereas in preventive detention a man is prevented from doing something which it is necessary for reasons mentioned in section 3 of the Act to prevent.”

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Keywords

Pendency Of Prosecution, Preventive Detention