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| HC upholds detention of repeat offender; quashes PSA order in bovine smuggling case | | | Early Times Report
JAMMU, Aug 5: In two significant rulings on preventive detention, the High Court of Jammu & Kashmir and Ladakh upheld the detention of a repeat offender from Rajouri while quashing the detention of a Udhampur resident booked under bovine smuggling charges, citing procedural lapses and lack of public order disturbance.
Justice M. A. Chowdhary, while dismissing Habeas Corpus Petition filed by Ajaz Ahmed through Advocate Sanchit Verma, upheld the preventive detention order issued by District Magistrate Rajouri dated 06.11.2024. The detenue was linked to a series of thefts targeting public utilities, including six FIRs registered at Police Station Nowshera in 2022 and 2023. The court noted that the thefts of voltage stabilizers, copper cables, and water pumping equipment posed a serious threat to public order.
The Court observed that "liberty of an individual has to be curtailed, within reasonable bounds, for the good of society at large," adding that the subjective satisfaction of the detaining authority was based on sufficient and relevant material. The detention was held valid under Section 8 of the J&K Public Safety Act, 1978, and the petition was dismissed accordingly.
In a separate case, Justice MA Chwodhary quashed the detention order dated 05.12.2024 against Neef alias Billu of Udhampur, who was booked under bovine smuggling charges. Represented by Advocate Mr. R. S. Kotwal, the petitioner argued that the alleged acts did not meet the threshold of "public order" required under the Public Safety Act.
Justice Chowdhary held that no specific incident had been cited to suggest that the accused's actions caused communal disharmony or disrupted public tranquility. Importantly, the court found that the detenue had not been informed of his right to make a representation to the detaining authority - a vital constitutional safeguard.
"The non-communication of the right to file representation before the detaining authority violates Article 22(5) of the Constitution," the court held, ordering Neef's immediate release if not required in any other case.
—(JNF) |
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