Court Rules Juvenile Delinquency Cannot Justify Preventive Detention Under Public Safety Act
In a significant ruling, the Jammu & Kashmir and Ladakh High Court has quashed a preventive detention order against Zahid Ahmad Mir, which was issued under the Public Safety Act (PSA). The court, presided over by Justice Sanjay Dhar, held that acts committed during juvenility cannot justify preventive detention under the PSA, as juvenile delinquency does not warrant such measures.
Zahid Ahmad Mir was placed under preventive detention by an order dated April 28, 2025, issued by the District Magistrate, Shopian. The order aimed to prevent him from acting in any manner prejudicial to the security of the state. However, Mir challenged the detention order, arguing that it was based on vague grounds and did not account for any fresh activities following his release on bail in a 2022 FIR.
The High Court found that the detention order relied on activities allegedly committed by Mir when he was a juvenile. The court emphasized that juvenile delinquency should not form the basis for preventive detention. It cited a previous case, 'Tahir Riyaz Dar v. UT of J&K & Ors.', reinforcing that juveniles cannot be detained under the PSA for acts committed during their minority.
Justice Dhar highlighted that the grounds of detention lacked specifics about any fresh activities by Mir post-bail, rendering the detention order invalid. The court also noted the absence of material facts necessary to support preventive detention, stressing the importance of detailing any compelling activities that justify such a measure.
The court's decision underscores the legal protection afforded to juveniles and the necessity for authorities to adhere to statutory requirements and constitutional guarantees when issuing detention orders. Zahid Ahmad Mir has been ordered to be released from preventive custody, provided he is not required in connection with any other case.
This judgment reaffirms the judiciary's role in upholding the rights of juveniles and ensuring that preventive detention laws are not misapplied.
Bottom line:-
Preventive detention under Public Safety Act cannot be based on activities committed when the detenue was a juvenile, as juvenile delinquency does not justify preventive detention.
Statutory provision(s): Public Safety Act, Section 307 IPC, 7/27 Arms Act, Section 20 of UAP Act.
Zahid Ahmad Mir v. UT of J&K, (Jammu & Kashmir And Ladakh)(Srinagar) : Law Finder Doc id # 2943817
