Jammu, Oct 23: In a significant judgment, Justice Vinod Chatterji Koul has quashed the Preventive Detention of a close aide of MLA Mehraj Malik namely Mohammad Rafi alias Pinka S/o Ghulam Kadir Sheikh resident of Phagsoo (Thathri), District Doda who had been detained under J&K Public Safety Act, 1978 vide Order No.PSA 03 of 2025 dated 10-04-2025 passed by the District Magistrate, Doda.
After hearing Advocate Rahul Raina appearing for the detenue Mohd. Rafi alias Pinka and Govt. Advocate Eishaan Dadhichi appearing for District Magistrate, Doda and others, Justice Vinod Chatterji Koul observed that, 'Advocate Rahul Raina has contended that subjective satisfaction is to arrive at by Detaining Authority which would reflect application of mind on its part.
He further submitted that the allegations mentioned in Grounds of Detention are vague, absurd and baseless and without any substance and also relied upon a judgment of Division Bench of this court dated 26-07-2024 in LPA No. 19/2024 titled Showkat Ali V/s UT of J&K.'
Advocate Rahul Raina further submitted that Grounds of Detention are bereft of details of activities of Detenue which would have necessitated issuance of Detention Order in as much as issuance of Order of Detention on vague grounds deprives detenue of his right to make an effective and meaningful representation against Order of Detention and if the detention order is passed on vague grounds, then Constitutional right of making representation against detention order as envisaged by Article 22(5) of the Constitution of India would become mirage and that issuance of Order of Detention on vague grounds would amount to be an arbitrary exercise of power by detaining authority.
In support of his arguments, Advocate Rahul Raina relied upon Jahangir Khan Fazal Khan Pathan V/s Police Commissioner, Ahmadabad and Anr. (1989) 3 SCC 590 and Krishan LAl alias Lundi V/s Union Territory of J&K, JKJ Online 80364.
Justice Vinod Chatterji Koul after considering the submissions of Advocate Rahul Raina observed that in the present case the Detention Order was passed on 10-04-2025 and approved by the Home Department vide Govt. Order dated 16-04-2025 and after approval, the District Magistrate, Doda has considered and rejected the representation vide order dated 01-05-2025 though being forwarded to the Advisory Board.
The Advisory Board has not considered and decided the representation nor has any decision been conveyed to the detenue.
In this regard the court relied upon several judgments that the representation in such cases must be considered expeditiously.
After hearing both the sides and adverting to the rival contentions, Justice Vinod Chatterji Koul allowed the Habeas Corpus Petition of Detenue, who is a close aide of MLA Mehraj Malik and accordingly quashed Detention Order No. PSA 03 of 2025 dated 10-04-2025 and further issued directions that detenue Mohd.Rafi alias Pinka be released from the custody forthwith, if he is not otherwise required in any other case.
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