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ARUN BHANSALI, NUPUR BHATI
Kamal Singh S/o Jetmal – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of Home – Respondent
ORDER :
1. The present writ petition, in the nature of habeas corpus, has been filed by the petitioner inter alia questioning the validity of order dated 20.03.2023 (Annexure-4) passed by the respondent No.1 and order dated 30.01.2023 (Annexure-2) passed by the respondent No.2 whereby his brother Ummed Singh, has been ordered to be placed under preventive detention under the provisions of Rajasthan Prevention of Anti-Social Activities, Act, 2006 (RAJPASA).
2. Learned counsel for the petitioner made submissions that the respondents though initiated the process by way of an order passed by the District Collector on 09.01.2023 for placing the petitioner under detention; ultimately the order dated 30.01.2023 (Annexure-2) was passed inter alia indicating that the petitioner being a dangerous person under the Provisions of RAJPASA be placed under preventive detention.
3. The order came to be approved by the State Government on 07.02.2023 under the provisions of Section 3 (3) of the Act. Whereafter, the case was referred to the Advisory Board which by its order dated 11.03.2023 approved
Preventive detention orders under the Rajasthan Prevention of Anti-Social Activities Act must comply with procedural requirements, including affording the detenu an opportunity for representation aft....
Preventive detention must adhere to constitutional safeguards, including informing the detainee of their right to representation.
The violation of a detenue's rights under Article 22(5) leads to the quashing of detention orders when there is inordinate delay in considering representations.
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