The court ruled that undue delays in the execution of the detention order under the Jammu and Kashmir Public Safety Act severed the necessary link between detention grounds and its purpose.
In a significant ruling, the Jammu and Kashmir High Court, presided over by Justice Javed Iqbal Wani, quashed the preventive detention order against Yaqoob Hussain, invoking the Jammu and Kashmir Public Safety Act, 1978. The detention order, initially passed on March 18, 2025, by the District Magistrate of Kathua, was invalidated due to unexplained delays in its execution, which occurred more than a month later on April 29, 2025.
The judgment highlighted the legal precedent set by the Supreme Court in K. P. M. Basheer v. Union of India, emphasizing that a detention order must maintain a live and proximate link with the grounds and purpose of the detention. The court noted that this link was snapped due to the undue and unexplained delay, thus invalidating the detention.
The respondents contended that Hussain, a habitual offender involved in bovine smuggling, posed a potential threat to communal harmony. However, the court found no evidence of such activities leading to communal disharmony or threatening public order. The court further noted that the petitioner's alleged offences under the Prevention of Cruelty to Animals Act, 1960, did not justify preventive detention.
The counsel for the petitioner, Mr. Azmat Ullah Parihar, successfully argued that the detention lacked a solid legal basis, drawing parallels with a similar case, Rafiq v. UT of J&K, where the court had ruled in favor of the petitioner under comparable circumstances.
The High Court's decision mandates the release of Yaqoob Hussain unless he is implicated in other legal matters. The ruling underscores the necessity for authorities to adhere to legal procedures and constitutional safeguards, particularly concerning preventive detention.
This judgment reinforces the judiciary's role in upholding individual rights against arbitrary state actions, ensuring that preventive detention laws are applied judiciously and in line with constitutional mandates.
Bottom Line:
Preventive detention order quashed due to undue and unexplained delay in execution, snapping the live and proximate link between the grounds of detention and purpose of detention.
Statutory provision(s): Article 226 of the Constitution of India, Jammu and Kashmir Public Safety Act, 1978, Prevention of Cruelty to Animals Act, 1960
Yaqoob Hussain v. UT of J&K, (Jammu And Kashmir) : Law Finder Doc Id # 2828326
