Detention in preventive custody and on the basis of vague and ambiguous grounds cannot be justified. It may not be out of place to mention here that preventive detention is largely precautionary and is based on suspicion.: Jammu Kashmir and Ladakh High Court
The Jammu Kashmir and Ladakh High Court passed a judgement on the 30th of December, 2022 in which the petition was disposed of and the detention order against the petitioner was quashed. This was seen in the case of Abdul Rashid Malik vs Union Territory of J&K(WP(Crl) No.253/2021). The case was presided over by The Honourable Mr Justice Vinod Chatterji Koul.
FACTS OF THE CASE:
The main grounds on which the detention is sought to be quashed are that the grounds of detention are vague, indefinite and cryptic, inasmuch as grounds of detention do not disclose any activity on the basis whereof detention can be passed and that detaining authority has not attributed any specific allegation against detenu.
Respondents have filed a reply affidavit, insisting therein that the activities indulged in by detenu are highly prejudicial to the security of the Union Territory of J&K
JUDGEMENT:
The court’s finding was that there was wordplay with the words of the dossier and the grounds of detention. This showed that there had been non-application of mind on the part of the detaining authority. The impugned order of detention was therefore unsustainable in law on this ground alone. Based on this discussion the petition was disposed of and the detention order was quashed.
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JUDGEMENT REVIEWED BY KRITI GUPTA