Excelsior Correspondent
JAMMU, May 30: High Court of Jammu & Kashmir and Ladakh has upheld the detention under PSA of Swarna Devi, who was allegedly involved in running sex racket.
The impugned order of detention has been passed by the Detaining Authority in the exercise of power vested in it under Section 8 (1) (a) of the Jammu and Kashmir Public Safety Act, 1978. The detention of the petitioner is ordered primarily on the ground that she is a notorious criminal habitual of pushing young girls into forced prostitution.
In this regard six FIRs were registered in Police Stations of Bagh-e-Bahu and Channi Himmat and final reports in respect to four FIRs have already been presented before the competent courts of law after investigation, whereas investigation with regard to two FIRs is still going on.
After hearing both the sides, Justice Sanjeev Kumar observed, “it is trite that mere disturbance of law and order leading to disorder is not necessarily sufficient for placing an individual under preventive detention.. The difference between ‘public order’ and ‘law and order’ is similar to the distinction between public and private crimes in the realm of criminal jurisprudence”.
“In any case, the contravention of any law always affects law and order but before it can be said to be public order, it must affect the community and the public at large. It is thus not only the act committed by the person but the impact of such act which is the determining factor to decide about the imperative need to place such person under the preventive detention”, High Court said, adding “if the criminal act of a citizen and the manner in which it is committed affects even tempo of public life or affects the community at large, it would be an act falling within the sweep of term ‘public order’.
“In the instant case the criminal activities, with which the petitioner is involved, are not only the criminal offences under various penal laws simplicitor but have the effect of affecting the community at large. There is a very serious allegation against the petitioner that she is running a sex racket and has been inducing gullible girls, sometimes even minor, to join prostitution. There are allegations that on some occasions the petitioner even forced minor girls into prostitution”, High Court said, adding “the activities attributed to the petitioner and the manner in which these are being carried out in an organized manner has the potential of disturbing the even tempo of life of general public, in particular, the people residing nearby”.
With these observations, court found no merit in the petition.
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