J&K High Court Upholds Detention Under Public Safety Act

Court dismisses Waseem Ahmad Dar's plea challenging preventive detention, citing adherence to legal and procedural safeguards.

In a significant ruling, the Jammu and Kashmir High Court has upheld the preventive detention of Waseem Ahmad Dar under the J&K Public Safety Act, 1978. The petitioner had challenged the detention order issued by the District Magistrate, Kupwara, asserting it was unconstitutional and marred by procedural lapses. However, the court, presided over by Justice Sanjay Dhar, found the detention to be lawful, emphasizing that all requisite legal procedures were followed.

The petitioner argued that his detention was based on vague and unsupported allegations, claiming that the material necessary to contest the detention was not provided to him. He also alleged that the detaining authority had mechanically copied police dossiers without independent application of mind. Furthermore, Dar contended that the authorities bypassed normal criminal procedures in favor of preventive detention, which he deemed impermissible.

In response, the respondents, represented by Mr. Faheem Nisar Shah, GA, provided a detailed counter-affidavit. They maintained that Dar's activities posed a threat to the state's security, justifying his detention. They further asserted that all statutory requirements and constitutional guarantees, including procedural safeguards under Article 22(5) of the Indian Constitution and Section 13 of the J&K Public Safety Act, were meticulously adhered to.

The court thoroughly examined the detention record, which included complaints against Dar, his Facebook posts promoting terrorism, and other supporting documents. Justice Dhar noted that the petitioner was furnished with all relevant materials, including the grounds of detention and necessary translations, negating the claim of non-disclosure.

Addressing the allegation of non-application of mind, the court observed that the detaining authority had indeed applied independent judgment. The background facts were incorporated from the police dossier, but the detaining authority had formed its own opinion on the necessity of the detention.

Regarding the bypassing of normal criminal procedures, the court highlighted that no FIR had been lodged, nor was Dar on bail, which justified the use of preventive detention based on credible material suggesting future prejudicial activities.

Ultimately, the court dismissed the petition, finding no merit in the arguments presented by the petitioner. The judgment reinforces the application of the Public Safety Act in cases where potential threats to state security are involved.

Bottom Line:

Preventive detention under J&K Public Safety Act, 1978 - Grounds of detention must be clear, supported by material evidence, and procedural safeguards under Article 22(5) of the Constitution and J&K Public Safety Act must be followed.

Statutory provision(s):  

• - J&K Public Safety Act, 1978, Section 8  
• - Article 22(5) of the Constitution of India  
• - Section 13 of the J&K Public Safety Act  
• - Section 107/151 of Cr. P.C.

Waseem Ahmad Dar v. UT of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2818532