Preventive Detention -- Multiple FIRs Without Nexus to Public Order -- Involvement in multiple FIRs alone insufficient absent subjective satisfaction of prejudice to public order
(i) Jammu and Kashmir Public Safety Act, 1978, S.8(1)(a) -- Preventive Detention -- Multiple FIRs Without Nexus to Public Order -- Mere involvement in multiple FIRs is not sufficient to justify preventive detention unless the detaining authority records subjective satisfaction that the activities of the detenue have resulted in, or have the potential to result in, disturbance of public order as distinguished from ordinary law and order. (ii) Jammu and Kashmir Public Safety Act, 1978, S.8(1)(a) -- Preventive Detention -- Stale FIRs Lacking Live Link with Detention Order -- Incidents that are remote in time from the date of the detention order lack a live link with the grounds of detention. Prior criminal antecedents can be relied upon only where they bear direct nexus with the immediate need to detain, and stale incidents cannot form the basis of a present order of preventive detention.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
