One irrelevant ground sufficient to vitiate order of preventive detention: Jammu & Kashmir High Court

The High Court of Jammu & Kashmir and Ladakh recently ruled that one irrelevant ground is sufficient to vitiate an order of preventive detention [Zubair Ahmad Khan vs. Union Territory of J&K]..Single-judge Justice Vinod Chatterji Koul said that it is not possible to assess in what manner and to what extent the irrelevant ground operated on the mind of the appropriate authority and contributed to his satisfaction that it was necessary to detain the concerned person. Hence, even one such irrelevant ground would be sufficient to vitiate preventive detention order, the Court underscored in its order passed on October 5. "One irrelevant ground is sufficient to vitiate the order as it is not possible to assess, in what manner and to what extent, that irrelevant ground operated on the mind of the appropriate authority, and contributed to his satisfaction that it was necessary to detain the detenu in order to prevent him from acting in any manner prejudicial to the maintenance of the public order or security of the state," the Court ruled. It, thus, quashed the detention of one Zubair Ahmad Khan (petitioner) who was detained by District Magistrate, Anantnag (detaining authority) under Public Safety Act, 1978 with a view to prevent him from indulging in the activities which are prejudicial to the security of the State..Advocate Mukhtar A Makroo representing petitioner submitted that the allegations made in the grounds of detention were vague and indefinite. No prudent man could make an effective representation against the allegations since there were no particulars of persons with whom the petitioner had allegedly associated with or provided any support, food or shelter, it was contended..Makroo also submitted that the petitioner has been detained on the opinion of the detaining authority which was based on contents of dossier, FIR and other supporting documents.However, he said that the fact of the matter was that neither any FIR had been indicated in the dossier nor any complete details of the same given in grounds of detention or furnished to him..He further submitted that the grounds of detention were a replica of dossier and reflected non-application of mind on the part of detaining authority..Government Advocate Alla ud din Ganai stated in his reply affidavit that the activities indulged in by detenu were highly prejudicial to the security of the Union Territory of Jammu & Kashmir..After considering the rival contentions of parties, the High Court noted that the grounds of detention were vague and ambiguous and did not refer to any date, month or year of activities attributed to the petitioner-detenu.."The inclusion of an irrelevant or non-existent ground, among other relevant ground, is an infringement of the first of the rights and the inclusion of an obscure or vague ground, among other clear and definite grounds, is an infringement of the second of the rights. In either case there is an invasion of the constitutional rights of the detenu entitling him to approach the Court for relief," the Court said. .Court is precluded from adjudicating upon the sufficiency of the grounds, and it cannot substitute its objective decision for the subjective satisfaction of the deaining authority, the High Court said..However, even if one of the grounds or reasons which led to the subjective satisfaction of the detaining authority is non-existent or misconceived or irrelevant, the order of detention would be invalid.In view of the same, the Court quashed the detention of the petitioner..[Read Judgment]