Court Rules Illegal Sand Extraction Not Grounds for Preventive Detention Under Public Safety Act
In a significant judgment, the Jammu & Kashmir and Ladakh High Court has quashed the preventive detention order against Amir Ahmad Wani, who was detained under the Jammu & Kashmir Public Safety Act, 1978. The court, presided over by Justice Rahul Bharti, ruled that the grounds cited for Wani’s detention, specifically illegal sand extraction and violations of environmental laws, do not amount to activities prejudicial to the maintenance of public order.
Amir Ahmad Wani was detained on August 7, 2025, following an order by the District Magistrate of Anantnag, which was based on a dossier prepared by the Senior Superintendent of Police, Anantnag. The dossier alleged that Wani was repeatedly involved in illegal sand extraction and was defying police actions, court orders, and environmental regulations. These activities led to him being booked under the Mines and Minerals (Development and Regulation) Act and the Bharatiya Nyaya Sanhita, 2023.
The preventive detention order was confirmed by the government and supported by an Advisory Board's opinion. However, the High Court found that these actions, while illegal, did not justify preventive detention under the Public Safety Act. Justice Bharti emphasized that such activities could be punishable under the Bharatiya Nyaya Sanhita, 2023, but they do not qualify as prejudicial to public order, which is a prerequisite for detention under the Act.
The court directed the immediate release of Amir Ahmad Wani from custody, restoring his personal liberty. This decision underscores the importance of distinguishing between activities that warrant penal action and those that justify preventive detention, reinforcing the legal standards required for detaining individuals under the Public Safety Act.
Bottom line:-
Preventive detention under the J&K Public Safety Act, 1978 cannot be justified on grounds of illegal sand extraction and violations of environmental regulations, as such acts do not amount to being prejudicial to the maintenance of public order.
Statutory provision(s): Jammu & Kashmir Public Safety Act, 1978, Mines and Minerals (Development and Regulation) Act, Bharatiya Nyaya Sanhita, 2023
