The High Court held that the petitioner’s preventive detention was illegal, as the Jammu & Kashmir Public Safety Act, 1978 had been amended to the effect that “security of the State” ceased to be a ground for preventive detention.
It berated the district magistrate for resorting to exercise of jurisdiction under the Jammu & Kashmir Public Safety Act, 1978 “as a matter of plaything”.
“A fundamental right under the constitution of India is a guaranteed right to a citizen of India and, therefore, its invasion and breach in an unlawful manner and on frivolous/sham basis cannot be pass-over for a constitutional court whenever coming across with a case registered by an aggrieved citizen complaining about the injury caused to his/her fundamental right by a wrongful action at the end of the government,” the order stated.
Source: Barandbench
