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M. A. CHOWDHARY
Muhmmad Lateef Dar – Appellant
Versus
UT of J&K – Respondent
ORDER :
M.A. Chowdhary, J.-Through the medium of instant petition quashment of detention order bearing No. DIVCOM “K”/PSA/165/2021 of 2021 dated 10.09.2021, passed by respondent No. 2 (Divisional Commissioner), Kashmir against the detenue namely Muhmmad Lateef Dar, S/O Muhammad Yousuf Dar R/O Sether Sangam Hanjipora Bijbehera, is being sought by the petitioner as also a writ of mandamus for his release and a compensation of Rs. 10 lakh for his illegal detention.
2. It is being stated in the petition that the detenue 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 detenue is stated to have been arrested by the Police Post Sangam, in connection with FIR No. 04/2021 of Police Station Bijbehara. However, in the said FIR the detenue was admitted to bail on 13.02.2021. Thereafter the detenue was again summoned and detained illegally and shifted to Central Jail, Kotebawal, Jammu to be detained under the Provisions of Prevention of illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act 1988 (Hereinafter referred to as “The Act”) in terms of impugned order.
3. The impugned
Preventive detention – Making of an effective representation by a detenu is a very vital constitutional safeguard against preventive detention.
The detention order was quashed due to vagueness in grounds and violation of constitutional rights under Article 22(5), alongside significant delays in execution.
The main legal point established in the judgment is the requirement for compelling reasons to justify preventive detention under the PITNDPS Act, 1988, and the importance of complying with procedural....
The right to personal liberty must be safeguarded, and any deprivation of liberty must be in accordance with the law, with a live and proximate link between the grounds of detention and the purpose o....
The central legal point established in the judgment is the importance of providing the detenue with all the material on which the detention order was based to enable them to make an effective represe....
Preventive detention – Non-reflection of granting of bail in favour of detenu is not fatal to detention order.
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