Court Cites Lack of Application of Mind and Procedural Lapses in Detention Under Public Safety Act
In a significant judgment, the Jammu and Kashmir High Court has quashed the preventive detention order against Muzaffar Farooq Mir, a resident of Shahzadpora Dangerpora, under the Jammu & Kashmir Public Safety Act, 1978. The order was passed by the District Magistrate of Srinagar on May 3, 2025, citing the petitioner's activities as prejudicial to the security of the state. However, the court found the detention order to be fundamentally flawed due to a lack of application of mind by the detaining authority and several procedural lapses.
Justice Rahul Bharti observed that the grounds of detention showed inherent contradictions and a lack of legal distinction, adversely impacting the petitioner's fundamental right to personal liberty. The court noted that the detaining authority, the District Magistrate of Srinagar, failed to apply due diligence in drafting and issuing the detention order. The court was particularly critical of the casual approach taken in the drafting of the detention order, which included a significant error regarding the petitioner's previous detention details.
The judgment also highlighted the procedural shortcomings in the filing of a counter affidavit by the respondents, which was submitted without annexing supporting documents. The court emphasized the necessity of responsibility in filing such documents in habeas corpus writ petitions, stating that the respondents cannot expect leniency from the constitutional court in overlooking such casualness.
Based on these findings, the High Court declared the preventive detention order illegal and ordered the immediate release of Muzaffar Farooq Mir from custody. The court's decision underscores the importance of adhering to procedural rigor and the protection of fundamental rights in the application of preventive detention laws.
Bottom Line:
Preventive detention order under Jammu & Kashmir Public Safety Act, 1978 quashed due to lack of application of mind by the detaining authority and procedural lapses.
Statutory provision(s): Jammu & Kashmir Public Safety Act, 1978 Section 8
Muzaffar Farooq Mir v. UT of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc id # 2857897
