Jammu and Kashmir High Court Upholds Preventive Detention Under Public Safety Act

Court affirms detention of Shaista Maqbool citing national security concerns and procedural compliance

The Jammu and Kashmir High Court, in a significant ruling, has upheld the preventive detention of Shaista Maqbool under the Jammu and Kashmir Public Safety Act, 1978. The judgment, delivered by a division bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, dismissed the intra-court appeal challenging the detention order dated 04.12.2023.

The appellant, Shaista Maqbool, was detained on grounds of engaging in activities prejudicial to the security of the Union Territory of Jammu and Kashmir. The detention order, issued by the Detaining Authority, cited her alleged connections with banned terrorist organization Lashkar-e-Taiba and her involvement as an "Overground Worker" facilitating communication with Pakistani handlers.

The appellant contested the detention order, arguing that the grounds were vague and lacked specific details regarding her alleged illegal activities. Furthermore, she claimed that the ordinary criminal law had not failed to contain her activities, questioning the necessity of preventive detention.

However, the High Court found the grounds of detention to be sufficiently specific, noting the detailed allegations against Maqbool, including her contacts with various terrorists and Pakistani handlers. The court emphasized that preventive detention is justified when ordinary criminal laws are insufficient to deter discreet and furtive activities that threaten national security.

The bench underscored that constitutional courts cannot act as appellate bodies over the subjective satisfaction of the Detaining Authority. It reiterated the legal principle that once the Detaining Authority derives satisfaction based on available material, the sufficiency of such material is beyond judicial scrutiny.

The court also confirmed that procedural safeguards were duly followed, with the appellant provided all relevant material, afforded a personal hearing, and her representation considered by the Advisory Board, which upheld the detention order.

The judgment refers to precedents where preventive detention is deemed valid even if criminal prosecution is not feasible due to the covert nature of the activities involved. The court cited cases reinforcing the principle that detention can be based on subjective satisfaction regarding threats to security, irrespective of the sufficiency of evidence for criminal prosecution.

This ruling reinforces the legal framework supporting preventive detention under the Jammu and Kashmir Public Safety Act, emphasizing national security concerns and validating procedural compliance in detention cases.

Bottom Line:

Preventive detention under Jammu and Kashmir Public Safety Act, 1978 - Constitutional courts cannot sit as appellate courts over the subjective satisfaction of the Detaining Authority - Grounds of detention must not be vague or ambiguous - Ordinary criminal law insufficient to deter activities prejudicial to national security.

Statutory provision(s): Jammu and Kashmir Public Safety Act, 1978 Section 8

Shaista Maqbool v. Union Territory of J&K, (Jammu And Kashmir)(Srinagar)(DB) : Law Finder Doc Id # 2804754