Early Times Report
JAMMU, Mar 6: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Moksha Khajurai Kazmi has upheld the detention under Public Safety Act of Royal Singh.
While upholding the judgment of the writ Court, DB observed that 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 the Act, to prevent.
The DB further observed that in the instant case, the file reveals that on the basis of the dossier submitted by the SSP, Jammu, the District Magistrate, Jammu after having satisfied passed the order of detention under Section 8(1)(a) of the J&K Public Safety Act, 1978. Further, a perusal of execution report reveals that the order of detention, notice of detention, grounds of detention, dossier of detention, copies of FIRs, statements of witnesses and other related documents (total 188 leaves) were supplied to the appellant-detenu and he acknowledged the same by signing in English. It also reveals that all the relevant documents were read over and explained to him in the language which he understood fully. It also divulges that detenu was informed that he can make a representation to the government as well as the detaining authority. Thus, it belies the claim of detenu that the relevant documents were not supplied to him.
The DB is of the view that the grounds of detention are definite, proximate and free from any ambiguity. The detenu was informed with sufficient clarity what actually weighed with the detaining authority while passing the detention order. The detaining authority has narrated facts and figures that made the authority to exercise its powers under the J&K Public Safety Act and record subjective satisfaction that detenu was required to be placed under preventive detention in order to prevent him from acting in any manner prejudicial to peace and public order. We are saying so because the file reveals that the appellant-detenu has already been convicted and sentenced to life imprisonment in the year August, 2020, although he was enlarged on bail by the Apex Court. Not only this, the file further reveals that as many as nine different FIRs came to be registered against the appellant-detenu in different police stations of Jammu Zone.
Thus, it seems the appellant-detenu is a hardcore criminal, history sheeter, habitual in indulging criminal activities, such as, murder, attempt to murder, assault, carrying illegal arms/ammunition etc., thus, has become a terror figure among the people of the area and the actions taken against him under the ordinary law from time to time have not been proved to be deterrent. It seems the appellant -detenu instead of mending his ways has continuously been indulging in criminal activities and has not shown any respect for the law of the land, as such the appellant-detenu has created a sense of alarm, scare and a feeling of insecurity in the minds of the public of the area. |
