38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

J&K HC Dismissed Habeas Corpus Writ Petition Of Bar Council President Miyan Qayoom

By LawStreet News Network      08 February, 2020 10:02 PM      0 Comments
J&K HC Dismissed Habeas Corpus Writ Petition Of Bar Council President Miyan Qayoom

On February 8, 2020 Jammu & Kashmir (J&K) High Court (HC) Justice Tashi Rabstan dismissed Habeas Corpus writ by Mr Miyan Abdul Qayoom, President of J&K High Court Bar Association, Srinagar. Qayoom was detained under J&K Public Safety Act, 1978, 2002 on August 5, 2019, to prevent him from creating public disorder. 

Petitioner challenged District Magistrate (DM), Srinagar, order dated August 7, 2019 which placed him under preventive detention. He stating in his petition that DM “without application of mind and without going through the grounds of detention” had issued such order. He is under preventive detention from August 5, 2019, when central government repealed Article 370, which provides special status to Jammu & Kashmir

The HC said that it cannot question administrative action. Since preventive detention is not punitive action. As preventive detention is an action to be taken to prevent any harmful activity from happening. As action has not taken place, it will be tough for executives to present any solid proof. This type of actions does not require proof because if judiciary sets parameters for such type of actions then executive will not be able to perform their duty properly and in freely. The court also quoted Greek thinker Sophocles and said, “Law can never be enforced unless fear supports them.”

“Having said that, subjective satisfaction of the detaining authority to detain a person or not is not open to objective assessment by a court. A court is not a proper forum to scrutinize the merits of administrative decision to detain a person,” Justice Rabstan said in his judgment.

“Grounds of detention according to petitioner, are vague, indefinite, uncertain, and baseless as also ambiguous and lack in material particulars and essential details, which has rendered the detenue, unable to make an effective representation against his detention to appropriate authority,” the petitioners had submitted.

The court held that the grounds of detentions are “definite, proximate and free from any ambiguity”. Even a single act is sufficient to justify preventive detention.

 

Author – Satwik Sharma

 



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email