The Jammu and Kashmir High Court has upheld a preventive detention order against a man accused of sharing Facebook posts that allegedly threatened security and public order, stating that the detaining authority’s decision was not mechanical but based on material that reasonably justified placing him under preventive custody, the Live Law reported.
According to the detention order issued by the District Magistrate of Kupwara, Waseem Ahmad Dar was placed under preventive custody to prevent him from engaging in activities deemed prejudicial to the security of the State, while Waseem argued that the order was illegal, unconstitutional, and passed in violation of constitutional mandates and procedural safeguards.
Justice Sanjay Dhar noted that the authorities relied on the detainee’s Facebook activity and accompanying reports suggesting conduct “prejudicial to the security of the State and maintenance of public order.” The Court observed that such online behaviour was a relevant factor for assessing whether the petitioner might engage in activities harmful to peace.
“It is on the basis of these anti-national videos/photos/posts/chats uploaded by the petitioner on his Facebook account that the detaining authority was satisfied that it is necessary to detain the petitioner to prevent him from indulging in activities prejudicial to the security of the State,” the order stated.
Dismissing the argument that the detention was based on mere suspicion, the Court said there was sufficient material before the authority to justify preventive action. It emphasised that the decision was neither routine nor mechanical; the Facebook posts and intelligence inputs formed part of the record considered before arriving at subjective satisfaction.
Reiterating the purpose of preventive detention, the Court said such laws aim to forestall anticipated threats rather than punish past conduct. It added that in matters concerning security and public order, courts do not sit in appeal over the detaining authority’s subjective satisfaction unless it is unsupported by material or violates procedural safeguards.
The Bench found no constitutional or statutory violations in the execution of the detention order. It noted that the detainee had been furnished with the grounds of detention and given an opportunity to make a representation.
Concluding the matter, the Court held that no procedural irregularity or illegality had been shown to warrant interference, and therefore dismissed the petition.
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