Excelsior Correspondent
JAMMU, Sept 9: High Court of Jammu & Kashmir and Ladakh, while upholding the detention under PSA of one Naryan Sharma, has held that preventive detention may be made before, during or after criminal prosecution.
“The concept of preventive detention is that the detention of a person is not to punish him for something he has done, but to prevent him from doing it. Its basis is the satisfaction of the executive of a reasonable probability of detenue acting in a manner similar to his past acts, and preventing him by detention from doing so. The preventive detention has been held to be an anticipatory measure resorted to when the executive is convinced that such detention is necessary to prevent a person detained from acting in a manner prejudicial to the objects specified in the Act of 1978”, Justice Javed Iqbal Wani said.
“Law is also no more res Integra and is settled that an order of preventive detention may be made before, during or after the criminal prosecution, inasmuch as it can be made with or without prosecution and in anticipation or after discharge or even acquittal of a person. Thus, pendency of prosecution is no bar to the passing of order of detention. So is also not an order of preventive detention has a bar to any prosecution”, High Court said.
With these observations, High Court dismissed the petition challenging the detention order No. 14/PSA of 2024 dated 02.05.2024 passed Section 8 of the J&K Public Safety Act, 1978.
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