Mushtaq Ahmad Bhat – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
JAVED IQBAL WANI, J.
1. Through the medium of instant petition quashment of detention order bearing No. 20/DMB/PSA/2021 dated 21.10.2021, (hereinafter for short the ‘impugned order’) passed against the detenu, namely, Mushtaq Ahmad Bhat, is being sought for by the petitioner as also a writ of Habeas Corpus for his release.
2. It is being stated in the petition that the detenu is a law abiding and peace-loving citizen and has never been involved in any subversive activity prejudicial to the public order or Security of the State. It is being stated that the detenu believes in peace and harmony and has always been upholding the sovereignty, integrity of the country. It is also being stated that detenu is a social activist, income tax payer and has received commendation from the Government during the social work he has undertaken in the service of the people whose residential houses and other properties were damaged during the earthquake in 2008 and to cement this fact he has annexed certificates of commendation with the instant petition. The detenu is stated to have been arrested on 20th of October, 2021 on the allegations of having developed contacts with various terrorist/se
The Court quashed the detention as it found that there cannot be a greater proof of non-application of mind and that the liberty of a subject being a serious matter, it is not to be tripled with in t....
The detention order must provide compelling reasons for the detention, and the grounds of detention should not be a verbatim copy of the police dossier. Additionally, the detaining authority must con....
The verbatim reproduction of police dossier in detention grounds indicates non-application of mind by the detaining authority, rendering the preventive detention order invalid.
The main legal point established in the judgment is the importance of procedural safeguards and the detenue's right to be provided with the whole material on which the detention order is based in pre....
Preventive detention orders must be based on specific and substantiated grounds, with the detaining authority required to apply its mind independently to the facts of the case, and any significant de....
The main legal point established in the judgment is the requirement for detention orders to be based on specific and non-vague grounds, the need to communicate the grounds of detention in a language ....
Preventive detention vitiated by vague grounds lacking specifics, mechanical reproduction of police dossier showing non-application of mind, failure to supply material in understandable language, and....
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