The High Court of Jammu and Kashmir and Ladakh recently ordered the District Magistrate at Jammu to pay ₹10,000 as costs for ordering the detention of a man under the Jammu and Kashmir Public Safety Act, 1978 (PSA) without any sound justification [Surjeet Singh Alis Sonu V/s Union Territory of Jammu and Kashmir].

Justice Atul Sreedharan found that the detention order was vague and reflected an attempt by the District Magistrate to justify the unjustifiable. Referring to the reasons cited by the District Magistrate to order the preventive detention, the Court said:

"Paragraph 7 quoted hereinabove, reflects that twisted reasoning and thought process of the District Magistrate and deserves to be deprecated strongly. It is vague and the language used is intended to confuse rather than convince and it reflects an anxiety on the part of the District Magistrate, Jammu to justify the unjustifiable."

The Court made the observation while allowing a habeas corpus petition filed by Surjeet Singh alias Sonu through his wife, challenging an order passed on January 30 to detain Singh under the PSA.

The Court noted grounds of detention cited to justify Singh's PSA detention referred to four criminal cases registered against him.

One of these cases was registered in 2012, and was a too stale to cited as a ground for PSA detention, the Court noted.

Even otherwise, the cases cited were found to involve allegations that were largely interpersonal in nature, except for a charge of attempt to murder in a 2021 case.

However, these cases otherwise had little to do with the society at large or the security of the State to warrant preventive detention of the accused, the Court opined.

"At first blush, all the cases with the exception of FIR No. 4/2021 are interpersonal in nature which does not even by a wrong shot involves the security of the State or public order," the Court said in its July 9 order.

The Court further opined that the Jammu and Kashmir government's counsel was also not able to show that the detaining authority had applied his mind before ordering the PSA detention.

Therefore, the High Court ordered the release of the petitioner, while also ordering the District Magistrate, Jammu to personally pay the petitioner (Singh) ₹10,000 as costs.

"This Court felts the imposition of cost essential in view of the observation in paragraph No.7 of the grounds of detention," the High Court said.

The Court added that the petitioner can file a contempt of court petition if the costs are not paid by the District Magistrate within two weeks.

Advocate Satinder Gupta appeared for the petitioner.

Additional Advocate General Rajesh Thapa appeared for the Union Territory of Jammu and Kashmir.

[Read Order]