Early TImes Report
Jammu, Aug 1: The High Court of Jammu & Kashmir and Ladakh at Jammu, presided by Justice M.A. Chowdhary, has dismissed the habeas corpus petition filed by Suraj Masih, aged 29, challenging his preventive detention under the Jammu & Kashmir Public Safety Act, 1978.
The petitioner, a resident of Village Hariachack in Tehsil Marheen, District Kathua, was detained under Order No. PSA/157 dated 20.05.2025 by the District Magistrate, Kathua, to prevent him from engaging in activities prejudicial to public order.
The Background of the Case is that Suraj Masih, through his mother Rojje Devi, approached the High Court seeking the quashing of the detention order, arguing that he had been acquitted in prior cases and was on bail in others.The grounds of detention were vague and not explained in a language he understood.He was not adequately informed of his right to make a representation against the detention.
The Court, after examining the records and arguments presented by both parties, concluded that the detenue had a history of criminal involvement, with four FIRs and three DDRs registered against him.Documents were properly served, and the grounds of detention were explained in Dogri/Hindi, languages the detenue understood. The detaining authority applied its mind and followed due procedure in issuing the detention order based on credible material and reasonable apprehension.
The judgment emphasized the preventive nature of the detention, underscoring that such action is meant not as punishment but to prevent future threats to public order and safety. The Court cited precedents from the Supreme Court, asserting that individual liberty must yield to the larger interests of national security and public order where necessary.
With these observations, the High Court found no legal infirmity in the detention process and held that the detention order met all constitutional and procedural requirements. The petition was dismissed accordingly, and the detention was upheld. (JNF) |
