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TASHI RABSTAN
Shabir Ahmad Malik – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. Through the medium of this writ petition, the petitioner is praying for quashment of the Order No.35/DMA/PSA/DET/2021 dated 17.10.2021, whereby the District Magistrate, Anantnag (respondent No.2), has placed the detenu, namely, Shabir Ahmad Malik S/o Abdul Rashid Malik R/o Bonagund, Verinag District Anantnag, under the preventive detention to prevent him from the activities which are prejudicial to the security of the State.
2. Reply Affidavit has been filed by respondents.
3. …….
4. Heard and considered.
5. Learned counsel for petitioner, to strengthen what has been submitted and averred in this petition, has stated that the cases mentioned in the grounds of detention have no nexus with the detenu as the cases/FIRs, heavily relied upon by the detaining authority to arrive at subjective satisfaction, had been registered way back in the year 2013 and 2016. He, thereafter, asserts that allegations made in grounds of detention are vague, non-existent and no prudent man can make a representation against such allegation and passing of detention on such grounds is unjustified and unreasonable and that detaining authority has mentioned two FIRs in grounds of detention, but accord
Point of Law : The detenu has a right, under Article 22(5), to be furnished with particulars of grounds of his detention, sufficient to enable him to make a representation, which on being considered ....
Denial of necessary documentation violates the rights of detainee under the Constitution, mandating strict adherence to procedural safeguards in preventive detention.
Preventive detention requires strict adherence to procedural safeguards; non-compliance leads to quashing of detention orders.
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....
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....
The judgment emphasizes the importance of procedural safeguards in preventive detention and highlights the need for fair and just procedures, minimal restrictions, and the protection of personal libe....
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