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Hoshiar Singh – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. The petitioner has challenged detention order No. 02 of 2021 dated 23.01.2021 passed by the respondent No.2 under provisions of J&K Public Safety Act (hereinafter called Act) on the ground that the order was served upon the petitioner when he was already in police custody under substantive offences; that the order impugned does not reflect the factual aspects of the case as the petitioner had either been acquitted or granted bail in some of the FIR mentioned in the order; that the petitioner was not supplied the relevant material nor was he made to understand the documents in the language he understood; that the execution of the detention order was also delayed though the petitioner was in custody of the Police Station, Janipur; that the petitioner was deprived of making an effective representation before the Government and Advisory Board in respect of the detention passed by against him. Indeed, the prayer is for quashment of order impugned in the writ petition.
2. The counter affidavit has been filed separately on behalf of the respondent Nos. 2 & 3. The grounds raised for seeking quashment of detention order is denied by the respondents in the affidavits. It is submi
Quash of detention order - Non placement of relevant documents by the concerned authorities before the detaining authority, vitiated proceedings.
Preventive detention - Illegal activities - Preventive detention is a deviation from concept of liberty which is sacrosanct to a human life and power of preventive detention is to be exercised with c....
The detention order must be based on proper application of mind and the detenue must be provided with the translated version of the material forming the basis of the grounds of detention to enable ef....
The right to make representation against detention is a fundamental right, and preventive detention should not be exercised without compelling reasons when the individual is already in custody.
Unexplained delay in executing a preventive detention order and failure to supply necessary materials violate constitutional rights, rendering the detention order illegal.
Point of law : A person involved in a criminal case can be detained under the provisions of preventive detention laws provided there are compelling circumstances for doing so otherwise the order of d....
Preventive detention orders must establish a live link between the detenu's activities and the necessity for detention; vague grounds and failure to disclose bail status invalidate such orders.
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