Preventive Detention -- Possession of Literature with Dispiriting Titles -- Not sufficient ground for detention
(i) Jammu and Kashmir Public Safety Act, 1978, S.8 -- Preventive Detention -- Possession of Literature with Dispiriting Titles -- Not sufficient ground for detention -- Mere possession of books with dispiriting titles does not by itself establish that the detenue is engaged in prejudicial activity warranting preventive detention. Attribution of anti-national literature to the detenue without proof of authorship or subversive activity does not sustain the detention order. (ii) Jammu and Kashmir Public Safety Act, 1978, S.8 -- Preventive Detention -- Detention Based on Family Background -- Non-application of mind vitiates detention order -- Preventive detention ordered on grounds relating to the ideology or antecedents of a family member, without any specific finding of subversive activity by the detenue, reflects non-application of mind and cannot be sustained.
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