STATE TIMES NEWS
JAMMU: Justice Tashi Rabstan of Jammu & Kashmir and Ladakh High Court upheld the Public Safety Act (PSA) imposed on Babar Khan, a criminal. While dismissing petition, Justice Tashi Rabstan after hearing Adv Jagpaul Singh for the detenue whereas AAG Aseem Sawhney appearing for respondents observed that although right of personal liberty is the most precious right, guaranteed under the Constitution, yet the personal liberty may be curtailed, where a person faces a criminal charge or is convicted of an offence and sentenced to imprisonment. A person is not to be deprived of his personal liberty, except in accordance with procedures established under law and the procedure as laid down in Maneka Gandhi vs Union of India, is to be just and fair. Where a person is facing trial on a criminal charge and is temporarily deprived of his personal liberty owing to criminal charge framed against him, he has an opportunity to defend himself and acquitted of the charge in case prosecution fails to bring home his guilt. Where such person is convicted of offence, he still has satisfaction of having been given adequate opportunity to contest the charge and also adduce evidence in his defence. However, framers of the Constitution have, by incorporating Article 22(5) in the Constitution, left room for detention of a person without a formal charge and trial and without such person held guilty of an offence and sentenced to imprisonment by a competent court. Its aim and object is to save the society from activities that are likely to deprive a large number of people of their right to life and personal liberty. In such a case it would be dangerous for the people at large, to wait and watch as by the time ordinary law is set into motion, the person having dangerous designs, would execute his plans, exposing general public to risk and causing colossal damage to life and property. It is, for that reason, necessary to take preventive measures and prevent the person bent upon to perpetrate mischief from translating his ideas into action.
The court further observed that in present case, petitioner is involved in many criminal activities and against him nine FIRs have been lodged under various sections of IPC in different police stations, including the one under sections 307/34 of IPC, 3/25 of Arms Act registered at Police Station Gandhi Nagar, Jammu regarding firing at residential premises of one Nagar Singh. Therefore, it seems the petitioner is a hardcore criminal and has become a terror figure among the people of the area and actions taken against him under the ordinary law from time to time have not been proved to be deterrent. “As per the objections, earlier also in year 2018 the petitioner-detenu was booked under the Public Safety Act. It seems the petitioner-detenu, instead of mending his ways, has continuously been indulging in criminal activities and has not shown any respect for the law of the land, as such the petitioner-detenu has created a sense of alarm, scare and a feeling of insecurity in the minds of the public of the area, has become a chronic fear amongst the people of the area. Thus, activities of the petitioner are of hardcore criminal and habitual of indulging in acts of violence,” the Court observed and dismissed the petition thereby upholding detention order under PSA.