The Jammu and Kashmir and Ladakh High Court has quashed the Public Safety Act detention of a 65-year-old man, holding that bovine transport allegations without any communal tension or law and order problem cannot establish a threat to public order.
The Madhya Pradesh High Court has set aside a National Security Act detention order, holding that it was vitiated by non-application of mind, as the District Magistrate had relied on stale cases and on cases in which the detenu had actually been acquitted, but which were shown as pending or ending in conviction. The Court reiterated that preventive detention requires a live and proximate link between past conduct and the apprehended breach of public order, and that a measure curtailing personal liberty demands strict adherence to its safeguards.
