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M. A. CHOWDHARY
Abdul Majid @ Bhallu – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
M.A. Chowdhary, J.
Respondent No.2 namely District Magistrate, Jammu, in exercise of powers conferred on him under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 (for short, ‘Act of 1978’), has passed the detention Order No. 07 of 2020 dated 07.07.2020 (for short impugned order), in terms whereof the detenue namely Abdul Majid alias Bhallu has been detained.
2. The impugned detention order has been challenged through the medium of the instant petition, being in breach of the provisions of Article 22(5) of the Constitution of India read with Section 13 of the J&K Public Safety Act, 1978.
3. It is being pleaded in the petition that the detaining authority-respondent No.2 has not attributed any specific allegation against the detenu. Furthermore, it is stated that the detenu has been incapacitated in filing a representation as the grounds of detention are not in a language which could be understood by the detenue. It is being also stated that the detenu is not an English literate person and understands only Urdu language but the order of detention is in English and it is not possible for him to understand such a hyper technical language. It is also the submission
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.
The judgment establishes the principle that the detention order must strictly comply with procedural requirements, and the detenue's right to understand the grounds of detention and make a meaningful....
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 importance of strict compliance with procedural safeguards, including the communication of grounds of detention in a language understood by the....
The right to be informed of the grounds of detention in a language understood by the detenue is a fundamental constitutional right, and failure to comply with this requirement, along with the lack of....
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....
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