The record
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- The Jammu and Kashmir and Ladakh High Court quashed a Public Safety Act order against a resident of Srinagar named Zubair Altaf Sheikh.
- The court found that authorities failed to establish a live and proximate link between the man's past activities and a current threat to state security.
- Records indicated the man was employed in Delhi during the period authorities claimed he was involved in prejudicial activities.
- The judgment emphasizes that preventive detention cannot replace ordinary criminal law and requires specific evidence of a continuing threat.
Who said what2
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M A Chowdhary
Justice
2 quotes · 1 outlet
“Preventive detention cannot become a substitute for ordinary criminal law. Nor can the extraordinary power of preventive detention be exercised merely because the authorities entertain a general apprehension regarding a person’s antecedents”
In the article
…04:23 AM IST Preventive detention cannot become a substitute for ordinary criminal law, the Jammu & Kashmir and Ladakh High Court has said as it quashed the Public Safety Act (PSA) invoked against a Srinagar resident. “ Preventive detention cannot become a substitute for ordinary criminal law. Nor can the extraordinary power of preventive detention be exercised merely because the authorities entertain a general apprehension regarding a person’s antecedents ,” Justice M A Chowdhary said in his judgment on September 17. “There must be material from which a rational prognosis of future prejudicial conduct can be made”. Zubair Altaf Sheikh, a resident of Soura, Srinagar, was…
“There must be material from which a rational prognosis of future prejudicial conduct can be made”
In the article
…extraordinary power of preventive detention be exercised merely because the authorities entertain a general apprehension regarding a person’s antecedents,” Justice M A Chowdhary said in his judgment on September 17. “ There must be material from which a rational prognosis of future prejudicial conduct can be made ”. Zubair Altaf Sheikh, a resident of Soura, Srinagar, was booked under the controversial Public Safety Act (PSA) in September last year, primarily on the back of an FIR registered against him in 2022. While he had been…
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Named India · Blinkit · Zubair Altaf Sheikh · Jammu and Kashmir and Ladakh High Court · M A Chowdhary
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