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MOHAN LAL
Hamraz Singh – Appellant
Versus
Union Territory of Jammu & Kashmir – Respondent
JUDGMENT :
Mohan Lal, J.-Assailing the impugned detention order bearing No. DMU/JC/542-48 dated 17.05.2021 issued by District Magistrate Udhampur and order bearing No. Home/PB-V/620 of 2021 dated 06.08.2021 whereby the detention order has been extended for further period of three months, petitioner by invoking the jurisdiction of this Court in terms of Article 226 of the Constitution of India, has questioned legality, propriety and correctness of the impugned order and has sought the indulgence of this Court for issuance of a writ of habeas corpus commanding the respondents to release petitioner from illegal detention by quashing the impugned detention order No. 01 PSA 2021 dated 17.05.2021 on the following grounds:
The central legal point established in the judgment is the requirement for the detaining authority to apply independent mind and comply with constitutional guarantees when issuing a detention order u....
The detention order must be based on compelling reasons, and the detaining authority must supply all material forming the basis of the detention to enable effective representation. Failure to do so r....
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 court upheld the preventive detention order, affirming that the Detaining Authority's subjective satisfaction was valid and the grounds of detention were adequately communicated to the detenue.
Preventive detention – In a democracy governed by rule of law, drastic power to detain a person without trial for security of State and/or maintenance of public order, must be strictly construed.
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