"Jammu and Kashmir High Court Quashes Preventive Detention Order Based on Stale Incidents"
In a recent ruling, the High Court of Jammu and Kashmir and Ladakh invalidated a preventive detention order against an individual, declaring that stale incidents cannot serve as grounds for such detention. The case, Shafayat Amin Shah Vs Union Territory of J&K and others, revealed a two-year gap between the detention and the criminal case filed under the Unlawful Activities Prevention Act (UAPA), which was cited as the basis for the detention. The Court highlighted that the detaining authority appeared uninformed about the detenue's arrest and bail status in the UAPA case. Justice Sanjeev Kumar emphasized that a detention order must have a proximate and live link to the detenu's activities, stating that detentions based on stale incidents are legally flawed. The Court also stressed that the detenu's right to make an effective representation against the detention is compromised if the relevant material is not supplied. The writ petition, filed by the detenue's father, further alleged that the detenue was not served with the necessary material regarding his detention. Finding merit in this claim, the Court concluded that the order of detention lacked compelling reasons and suffered from a total non-application of mind by the detaining authority. Consequently, the Court allowed the writ petition, quashing the detention order issued by the District Magistrate, Shopian.
Click Here to: Download/View Related File
TAGS: Jammu and Kashmir High Court Ladakh preventive detention quashed stale incidents Shafayat Amin Shah Union Territory of J&K Unlawful Activities Prevention Act time gap detaining authority arrest bail proximate and live link settled legal position material representation writ petition District Magistrate Shopian.
