Excelsior Correspondent
SRINAGAR, Sept 1: High Court while upholding the detention of a person under Public Safety Act said that it is preventive and not punitive in nature.
Justice Sanjeev Kumar dismissed the petition of one Maqsood Ahmad Khan challenging the detention passed against him by District Magistrate Baramulla under the PSA.
“Preventive detention is, thus, preventive, no punitive. It is not to punish an individual for any wrong done by him, but curtailing his liberty, with a view to preventing him from committing certain injurious activities in future”, Justice Kumar said.
Court further said that the personal liberty of a person may be curtailed, when he is facing a criminal charge or is convicted of an offence and sentenced to imprisonment.
Case set up by the petitioner Khan before the court was that the District Magistrate Baramulla while slapping preventive detention on him has not adhered to Constitutional and Statutory safeguards available to detainee under the Constitution of India and J&K Public Safety Act, 1978.
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