Court rules that applying the Public Safety Act to juveniles contravenes juvenile justice principles, emphasizing the need for adherence to the Juvenile Justice Act.
In a significant judgment, the Jammu and Kashmir High Court quashed the detention order of a juvenile, Fariz Gulzar, under the Jammu & Kashmir Public Safety Act, 1978 (PSA). The order, issued by the District Magistrate of Pulwama, was found to be in violation of the Juvenile Justice (Care and Protection of Children) Act, 2015. Justice M. A. Chowdhary presided over the case, delivering the verdict on May 11, 2026.
The case revolved around Fariz Gulzar, who was detained under the PSA for activities allegedly prejudicial to the security of the state. The detention was based on a case from 2023, when Gulzar was a minor. Despite his juvenile status at the time of the alleged offences, the authorities pursued preventive detention, overlooking the protections afforded under the Juvenile Justice Act.
The court emphasized that juveniles cannot be equated with adult offenders, as preventive detention laws like the PSA are designed for adults and are not applicable to minors. The failure of the authorities to consider Gulzar's age and the applicability of the Juvenile Justice Act rendered the detention order legally unsustainable. The court highlighted that the Juvenile Justice Act aims to rehabilitate and reintegrate juveniles into society without stigma, a principle that was ignored in this case.
The court also noted that preventive detention laws must be strictly construed and should only be applied when ordinary laws are insufficient. In this instance, the court found that the ordinary legal framework, including the Juvenile Justice Act, was adequate for addressing the allegations against the juvenile.
In its judgment, the court reiterated the importance of ensuring that detention orders are based on proximate, relevant, and legally admissible material. It criticized the vague and general grounds on which the detention was justified, noting that such grounds do not meet the legal standards required for preventive detention.
The court's decision reflects a commitment to upholding juvenile justice principles and underscores the need for authorities to adhere strictly to legal frameworks designed to protect minors. This judgment serves as a reminder of the exceptional nature of preventive detention laws and the necessity of confining their use within narrow legal limits to safeguard individual liberties.
Bottom line:-
Juvenile Justice - Preventive detention under the J&K Public Safety Act, 1978, cannot be applied to juveniles for acts committed during their juvenility. The detention order is vitiated for failing to consider the detenue's age and applicability of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Statutory provision(s):
Jammu & Kashmir Public Safety Act, 1978, Juvenile Justice (Care and Protection of Children) Act, 2015, Constitution of India (Article 21).
