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JAVED IQBAL WANI
Salman Ahmad Dar – Appellant
Versus
State of Jammu & Kashmir – Respondent
JUDGMENT :
Javed Iqbal Wani, J.-Through the medium of instant petition quashment of detention order bearing No.17/DMS/PSA/2019 dated 06.08.2019, (hereinafter for short the ‘impugned order’) passed against the detenu, namely, Salman Ahmad Dar, is being sought for by the petitioner as also a writ of mandamus 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 involved in any subversive activity prejudicial to the public order or security of the State. The detenu is stated to have been arrested in the month of August 2019, after being summoned to Police Station Shopian, and was implicated falsely in case FIR No. 123/2019 registered at Police Station Shopian and while being in custody therein the said FIR came to be detained under preventive custody by the respondents in terms of impugned order and lodged at Central Jail, Srinagar.
3. The impugned order is being challenged, inter alia, on the grounds that detenu was already in custody in connection with case FIR No.123/2019 and the detaining authority, despite having the knowledge of the said fact, detained the detenu without spelling out any compelling reason t
The detaining authority must provide compelling reasons for the detention of a person who is already in custody, and the detenu must be supplied with the material on which the detention order is base....
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....
A detention order under preventive detention laws must demonstrate compelling reasons for detaining an individual already in custody, and failure to provide relevant materials for representation viol....
The detenue's right to be supplied with all the material forming the basis of his detention, as guaranteed under Article 22(5) of the Constitution of India, is essential for an effective and purposef....
The failure to provide essential documents to a detenue violates Article 22(5) of the Constitution, rendering the detention order illegal.
The detaining authority is obligated to supply the detenu with all documents and materials forming the basis for detention, as emphasized by relevant judgments.
Detention orders must provide sufficient grounds and material to the detenu for effective representation; failure to do so renders the order illegal.
Non-furnishing of relevant material forming basis of the grounds of detention deprives a detenue of his Constitutional right to make a representation against the order of detention - Denial of this C....
Detention order quashed - Non-recording of compelling reasons for detaining detenue when he was already in custody - Respondents have also failed to express any such compelling reasons even in their ....
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