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ALI MOHAMMAD MAGREY
Showkat Ahmad Bhat – Appellant
Versus
UT of J&K – Respondent
Judgment
Ali Mohammad Magrey, J.—The detenu, Showkat Ahmad Bhat son of Ghulam Hassan Bhat resident of Wahibugh Pulwama District Pulwama, through his father seeks quashment of detention order no 26/DMP/PSA/20 dated 09.09.2020 purporting to have been passed by District Magistrate Pulwama, with consequent prayer for his release forthwith.
2. The petitioner-detenu has challenged the order of detention on the following grounds:
“a) that no compelling reason or circumstance was disclosed in the order or grounds of detention to take the detenu in preventive detention, moreso in view of the fact that as on the date of passing of the aforesaid order of detention, the detenu was already in custody, though bail granted by the competent court of jurisdiction.
b) that the detenu has not been provided the material forming basis of the detention order, to make an effective representation against his detention order;
c) that the detaining authority has not prepared the grounds of detention in a hyper technical language not able to detune to understand the same.
d) that the detaining authority has not applied its mind while passing the detention order.”
e) that the order of detention/grounds were n
Preventive detention – In a democracy governed by rule of law, drastic power to detain a person without trial for security of State and/or maintenance of public order, must be strictly construed.
Non-communication of the detenue's right to make an effective representation to the Detaining Authority until the order of detention is approved by the Government constitutes a violation of the deten....
: Preventive detention – As per constitutional and statutory mandate, detaining authority is under obligation to supply material/documents forming basis for detention of detenu.
The right to be informed of the grounds of detention in a language understood by the detenue is a fundamental constitutional right, and failure to comply with this requirement, along with the lack of....
The right to be informed of the grounds of detention and to access all materials relevant to that detention is fundamental under Article 22(5) of the Constitution, and any failure to comply with thes....
Preventive detention must comply with Article 22(5) of the Constitution, requiring clear communication of grounds and supporting material to the detenue for effective representation; failure to do so....
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