‘Oppose bail instead of rearrests’, High Court issues strong message
The Jammu Kashmir and Ladakh High Court, in nullifying a public detention order under the Public Safety Act (PSA), has underscored the significance of due process and criticized authorities for resorting to preventive detention instead of challenging bail, Live Law reported.
The court, led by Justice Vinod Chatterji Koul, emphasized that if authorities anticipate that a released individual might engage in criminal activities, they should oppose the bail application or challenge a potential bail grant in higher courts.
Preventive detention, the court stressed, should not be a hasty reaction solely based on the possibility of bail. These observations arose during the hearing of a plea challenging a detention order under the Jammu Kashmir PSA 1978.
The central argument revolved aroun...