Early Times Report
Jammu, Dec 24: The High Court of Jammu & Kashmir and Ladakh has held that compounding/closure of one FIR in Lok Adalat does not, by itself, vitiate a preventive detention under the Public Safety Act (PSA), and dismissed an intra-court appeal filed by Ravinder Kumar alias Shanu against his detention order.
A Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal dismissed LPA No. 244/2025, upholding the detention order No. PSA/141 dated 30.01.2025, which had been challenged earlier in HCP No. 63/2025; the writ petition was dismissed by the Writ Court on 22.09.2025.
Advocate Asheesh Singh Kotwal, appearing for the appellant, argued that one of the FIRs relied upon—FIR No. 05/2022 (PS Billawar)—stood closed after compounding before the Lok Adalat, and also questioned the detaining authority’s subjective satisfaction, besides raising a plea regarding communication of grounds in a language understood by the detenue. Ms Monika Kohli, Sr AAG, defended the detention as lawful and duly reasoned.
The Bench noted that even if one FIR was compounded and resulted in acquittal, the detention could still stand as three other FIRs formed part of the material before the detaining authority, and mere acquittal in one case would not invalidate the detention. The court also relied on Section 10A of the PSA, observing that even if one ground fails, the detention order can survive on other sustainable grounds.
The court further recorded that the detention was executed on 31.01.2025, the detenue was supplied the relied-upon material, and his representation dated 03.02.2025 was considered by the Advisory Board, which rejected it on 20.02.2025 and opined in favour of detention; thereafter the Government confirmed the detention on 03.03.2025.
Finding no procedural error in issuance or execution of the detention and holding the Writ Court view “unexceptionable,” the Bench dismissed the appeal. (JNF) |
