J&K High Court Upholds Detention Of Man Alleged To Be Associated With LeT, Says Detention Justified On Basis Of Conduct

The Jammu & Kashmir High Court upheld a preventive detention order passed under the J&K Public Safety Act (PSA), ruling that the detaining authority's decision was based on application of mind, a reasonable assessment of future threat, and in accordance with constitutional and legal safeguards.

A bench of Justice Rajesh Sekhri observed that the grounds of detention, which included details of an FIR, past criminal conduct, and release from jail, indicated a conscious and informed application of mind by the detaining authority.

The court said that it does not sit in appeal over the subjective satisfaction of the detaining authority when the grounds are precise, proximate, and relevant.

It said that the above material formed the basis for concluding that preventive detention was necessary to restrain the detenue from engaging in prejudicial activities.

While considering the writ petition filed under Article 226 of the Constitution, the Court reiterated that its jurisdiction in preventive detention cases is limited, and it cannot examine the sufficiency of material or substitute its own opinion for that of the detaining authority.

The Court also found that the detenue had been informed of the grounds of detention with sufficient clarity, in a language he understood, thus ensuring compliance with constitutional protections under Article 22(5).

The narration of specific incidents and prior conduct was considered sufficiently proximate to justify detention under Section 8 of the PSA. The Court emphasized that preventive detention is based on a prognosis of future conduct, not just past crimes, and the authority had validly recorded its subjective satisfaction.

The court therefore dis not find any illegality or impropriety in the impugned detention order and the writ petition was dismissed as devoid of merit, and the detention order was upheld.

BACKGROUND:

The petitioner sought to challenge the detention order passed by the district magistrate pulwama. Thereafter the detenu came to be handed over to the Assistant Superintendent, Central Jail, Kotbhalwal, Jammu for lodgement.

The perusal of the detention order reflected that he was allegedly providing logistics supported to the banned organisations like Lashkar-e-Toiba (LeT) and The Resistance Front (TRF).

The detaining authority thus attributed to the detenue that he was highly prejudicial to the security of the State.

The petitioner however submitted that the the grounds on the basis of which the detention order was passed were not proximate and the FIR so relief by the authority was lodged when he was Juvenile and in that case he was already enlarged on bail.

However, the court said there was no reason to interfere with the were reasoned order which was passed after due application of mind and upheld the detention order.

APPEARANCE

Wajid Mohammad Haseeb, Advocate For Petitioner

Rekha Wangnoo, GA For Respondents

Case-Title: Tahir Riyaz Dar vs UT of J&K

Citation: 2025 LiveLaw (JKL) 220

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