“Jammu and Kashmir High Court Upholds Preventive Detention Order in Narcotic Drug Trafficking Case, Balancing Individual Liberty and Societal Welfare”

In a recent significant judgment, the Jammu and Kashmir High Court upheld a preventive detention order in a case related to illicit trafficking of narcotic drugs. The verdict, delivered by Justice Wasim Sadiq Nargal on August 29, 2023, delves into the legality of the detention order, the nature of the activities attributed to the individual, and the procedures followed by the detaining authority.

The judgment underscores the significance of preventive detention as a protective measure rather than a punitive action. It highlights the delicate balance required between an individual’s personal liberty and the larger welfare of society, particularly when the case involves serious offenses such as drug trafficking.

Justice Nargal’s ruling acknowledges the limited scope of judicial review concerning subjective satisfaction. It emphasizes that while the court must safeguard individual liberties, it also needs to uphold the necessity of preventive detention to maintain public safety and security.

“The Court must be conscious that the satisfaction of the detaining authority is ‘subjective’ in nature and the Court cannot substitute its opinion for the subjective satisfaction of the detaining authority and interfere with the order of detention,” the judgment notes. It references legal precedents to emphasize the court’s role in upholding the delicate balance between individual freedoms and societal interests.

The judgment observes, "Liberty of an Individual has to be subordinated, within reasonable bounds, to the good of the people. The framers of the Constitution were conscious of the practical need of preventive detention with a view to striking a just and delicate balance between the need and necessity to preserve individual liberty and personal freedom on the one hand and security and safety of the country and interest of the society on the other hand.”

Jammu and Kashmir High Court upheld the detention order, deeming it to have been passed after due procedure and careful consideration of the individual’s propensity for engaging in prejudicial activities. The judgment serves as a reminder of the court’s pivotal role in maintaining this equilibrium while safeguarding both individual rights and the greater well-being of society.

 Date of Decision: 29^th August 2023 

 Happy Singh vs Union of  India

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