The Court, however, noted that there were six grounds for preventive detention mentioned in Section 8 of the Public Safety Act including the maintaining the security of Jammu and Kashmir, maintenance of public order, prevention of smuggling timber or liquor, and related activities.
Pertinently, the provision has not laid down “disturbance to public peace and tranquility” as a ground to subject a citizen of India to preventive detention, the Court found.
Therefore, it ordered the immediate release of the detenue, Kumar.
“The detention in the present case is ex-facie bad in the eyes of law and by no stretch of reference and reasoning it can be salvaged by the respondents leaving no option to this Court but to quash the detention order of the petitioner so passed by the District Magistrate, Kathua read with all the consequent Govt. orders legitimizing the detention of the petitioner and is, accordingly, quashed,” the Court ruled.
Advocate Jagpaul Singh appeared for the petitioner/ detenue, Kumar. Deputy Advocate General Dewakar Sharma represented the government authorities.
Source: Barandbench
