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RAJNESH OSWAL
Bashir Ahmad Bhat – Appellant
Versus
State of J&K – Respondent
Judgment
Rajnesh Oswal, J.-The petitioner through the medium of this petition filed through his father, has questioned the detention order bearing No.DMS/PSA/55/2019 dated 08.08.2019 issued by the District Magistrate, Srinagar (respondent no.2 herein) by virtue of which the petitioner has been detained in preventive detention under the Jammu and Kashmir Public Safety Act, 1978 (for short hereinafter “Act”) in order to prevent him from acting in any manner prejudicial to the security of the State (now Union Territory).
2. The present petition has been filed on the ground that the petitioner was arrested by the security forces without any justification and was detained under the order impugned. The petitioner has assailed the order impugned on the ground inter-alia that the grounds of detention on the basis of which the petitioner has been detained, are vague and mere assertions of detaining authority and no prudent man can make an effective representation against these allegations made in the detention order. The learned counsel for the petitioner submits that petitioner had already forwarded representation to the Government but the same was not considered. He was already in custody
The failure to supply necessary material for making an effective representation against a detention order violates constitutional rights, rendering the order illegal.
Failure to supply all material forming the basis of the grounds of detention and non-consideration of the detenue's representation violated Article 22(5) of the Constitution of India, rendering the d....
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 orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
Preventive detention orders must comply with constitutional safeguards, including providing the detenue with all relevant materials to ensure the right to make an effective representation.
The detaining authority is required to communicate to the detenue all the material forming the basis of the grounds of detention and must not suffer from non-application of mind on the part of the de....
The detenue's right to make an effective representation against preventive detention, as guaranteed under Article 22(5) of the Constitution of India, must be upheld, and failure to supply the materia....
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