Excelsior Correspondent
JAMMU, Dec 16: High Court has quashed the detention of Simranjot Singh under J&K Public Safety Act.
The detention order No. 19 of 2016 dated 29.12.2016 passed by the District Magistrate, Jammu under Section 8(1)(a) of the Jammu and Kashmir Public Safety Act, 1978 was challenged on various grounds.
After hearing Advocate Ankur Sharma appearing for the detenue whereas Senior AAG S S Nanda appearing for the State, Justice J R Kotwal observed, “it is very well to say that the subjective satisfaction arrived at by the detaining authority cannot be tested by this court but it is to be borne in mind that the grounds of detention must disclose objective application of mind by the detaining authority”.
“The view taken by the detaining authority in passing the impugned detention order is contrary to the purpose and spirit behind detaining a person in preventive detention for preventing him from acting in any manner prejudicial to maintenance of public order”, High Court said, adding the law makers have not left the concept of the term “acting in any manner prejudicial to the maintenance of public order” as contemplated under Section 8(1)(a) of the Act to the whim of the recommending authority and whim and discretion of the detaining authority.
“The impugned detention order fails to meet the criteria laid down under Clause (b) of Section 8(3) of the Act and therefore, I have no hesitation in holding that the impugned order sans appropriate application of mind by the detaining authority”, High Court said while quashing the order.
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