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TASHI RABSTAN
Abdul Karim Khuroo – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
Tashi Rabstan, J.
District Magistrate, Srinagar–respondent no.2 (for brevity “detaining authority”), has, by Order No. DMS/PSA/46/2021 dated 09.10.2021, placed Sh. Abdul Karim Khuroo S/o Mohammad Ramzan Khuroo R/o Shah Colony, Parimpora, Srinagar (for short “detenue”) under preventive detention, with a view to prevent him from acting in any manner prejudicial to the maintenance public order. It is this order, of which petitioner is aggrieved and throws challenge thereto on the grounds tailored in petition on hand.
2. The detention order has been challenged on the grounds that copies of the material/documents relied by the detaining authority in the grounds of detention has not been supplied to the detenu. It is contended that in some of the FIRs mentioned in the grounds of detention challans have already been filed, however, the same has not been disclosed in the grounds of detention, which shows that the detaining authority has not properly applied its mind while issuing the impugned detention order. It is submitted by the petitioner that there is a civil dispute pending between one Fayaz Ahmed Wani and the petitioner before the competent court of law and the said Fayaz
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....
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 main legal point established in the judgment is the importance of providing the detenue with all relevant material relied upon by the detaining authority and the procedural safeguards guaranteed ....
The detention order was invalidated due to non-application of mind, failure to provide material to the detenue, and violation of procedural requirements.
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards in preventive detention, including the right to be communicated the grounds of deten....
The main legal point established in the judgment is the requirement for detention orders to be based on specific and non-vague grounds, the need to communicate the grounds of detention in a language ....
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards in preventive detention cases, including providing the detenue with the whole of the....
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....
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