Jammu, May 14: The High Court of Jammu & Kashmir and Ladakh has upheld a preventive detention order issued under the Jammu and Kashmir Public Safety Act (PSA), observing that such detention is legally justified when a person’s activities are found prejudicial to the security of the State.
Justice M.A. Chowdhary dismissed a habeas corpus petition filed by a Pulwama resident challenging his detention under the PSA, holding that the court cannot interfere with the “subjective satisfaction” of the detaining authority when there is material linking the detenue to activities posing a threat to security.
The petitioner had argued that constitutional safeguards were violated, relevant material was not supplied, and the detention was based on vague and stale grounds. However, the court found no illegality in the detention process.
According to the court record, the detenue was allegedly involved in multiple cases registered under provisions of the Unlawful Activities (Prevention) Act and was accused of acting as an overground worker for banned militant outfits by allegedly providing logistical support and information.
The High Court also observed that preventive detention is aimed at preventing activities harmful to public order and security, and noted that the detenue had allegedly continued such activities over several years despite earlier action by authorities.
Holding that the detention order did not suffer from any legal infirmity, the court dismissed the plea and upheld the PSA detention.(KNC)
