Srinagar, June 3: The Jammu & Kashmir and Ladakh High Court has upheld a preventive detention order issued under the Public Safety Act (PSA), observing that the grant of bail to an accused in a criminal case does not restrict authorities from invoking preventive detention laws when there is sufficient material suggesting a threat to public order or security.
While dismissing a petition challenging the detention order, the Court held that preventive detention and criminal prosecution operate in distinct legal domains. It observed that the purpose of preventive detention is not to punish an individual for past acts but to prevent activities that may adversely affect public order in the future.
The Court noted that an accused securing bail in a criminal case cannot, by itself, invalidate a detention order under the PSA. It said the competent authority is empowered to pass such an order if it independently examines the available material and arrives at a subjective satisfaction that preventive detention is necessary.
Emphasizing the scope of preventive detention laws, the High Court observed that such measures are intended to deal with situations where ordinary criminal law may not be adequate to curb activities considered prejudicial to public order or security.
Finding no illegality in the detention order, the Court declined to interfere and upheld the action taken by the authorities under the Public Safety Act.(KNC)
