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SANJAY DHAR
Asif Ashraf Malik – Appellant
Versus
State of J&K – Respondent
Judgment
Sanjay Dhar, J.—Asif Ashraf Malik (the detenue), has filed this petition through his father, namely, Mohammad Ashraf Malik, seeking a Writ of Habeas Corpus for quashing the detention order bearing No.16/DMS/PSA/2019 dated 06.08.2019, passed by District Magistrate, Shopian (the detaining authority) with a view to prevent him from acting in any manner prejudicial to the security of the State/Country. The order is, purportedly, passed by the detaining authority in exercise of powers conferred under clause (a) of Section 8 of the J&K Public Safety Act, 1978 (the Act of 1978).
2. The impugned order has been assailed by the petitioner, inter alia, on the following grounds:
(I) That previously the detenue was placed under preventive detention pursuant to two consecutive detention orders bearing Nos.122/DMS/PSA/ 2018 dated 31.07.2018 and 154/DMS/PSA/ 2019 dated 17.01.2019. Both these orders have been quashed by this Court but without there being any fresh material or grounds, the impugned detention order has been passed by the detaining authority;
(II) That the material on the basis of which impugned detention order has been passed has not been supplied to the detenue thereby disa
Preventive detention orders must be based on fresh grounds and provide the detenue with all relevant materials to ensure effective representation, as per Article 22(5).
Preventive detention orders must be based on current and relevant incidents, and failure to supply necessary materials to the detenue renders the order illegal.
Preventive detention orders require compelling reasons when the individual is already in custody; failure to supply necessary documents violates the right to make an effective representation.
Fresh grounds are necessary for passing a subsequent detention order after the earlier one has been quashed. Non-mentioning of important facts in the grounds of detention exhibits non-application of ....
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 detaining authority is obligated to supply the detenu with all documents and materials forming the basis for detention, as emphasized by relevant judgments.
The main legal point established in the judgment is that the detenue must be provided with the material on which the detention order is based in order to make an effective representation against the ....
Point of Law : When any person is detained in pursuance of an order made under any law providing for preventive detention, authority making order shall, as soon as may be, communicate to such person ....
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