A close reading of the detention order would make it clear that the reason for the said order is not any apprehension of widespread public harm, danger or alarm but is only because the detenu was successful in obtaining anticipatory bail/bail from the courts in each of the five FIRs.: Jammu Kashmir and Ladakh High Court
The Jammu Kashmir and Ladakh High Court passed a judgement on the 16th of September, 2022 in which. This was seen in the case of Mohar Singh and Others vs State of J&K and others (OWP No. 881/2018 (O&M)). The case was presided over by The Honourable Mr Justice Rajnesh Oswal and The Honourable Mr Justice Puneet Gupta.
FACTS OF THE CASE:
The present petition has been filed by the petitioner through his father for quashing the detention order issued by respondent No. 2 under the Jammu and Kashmir Public Safety Act, 1978 on the following grounds:
- that the detaining authority while passing the detention order has not supplied to the petitioner the sufficient material
- while passing the order of detention has not considered the important fact that the petitioner has already been bailed out by the competent court and has not committed any crime, which is heinous in nature.
- That the grounds of detention in the dossier submitted by respondent No. 3 have been simply reproduced and there is no subjective satisfaction arrived at on the part of respondent No. 2 that the detention of the petitioner is necessary.
The respondent has filed the counter affidavits stating that the petitioner is a notorious person with a criminal mindset and is involved in many cases.
JUDGEMENT:
After the close reading, the court found that the order didn’t have any apprehension of widespread public harm or danger but it was because the petitioner was able to get the anticipatory bail. In view of all that was discussed, the present petition was allowed. Hence the detention order was quashed.
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JUDGEMENT REVIEWED BY KRITI GUPTA