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DHIRAJ SINGH THAKUR
Murtaza Rashid – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. The present Habeas Corpus petition has been filed for quashing the order of detention dated 30.10.2021 passed by the District Magistrate, Pulwama, who, in purported exercise of its powers vested in it under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 (for short, Act of 1978), has ordered the detention of the petitioner with a view to prevent him from acting in any manner prejudicial to the security of the State.
2. The order of detention was challenged on the following grounds:-
(b) That the grounds of detention were replica of the police dossier and therefore the order of detention must be held to be suffering from non-application of mind and resultantly making it unsustainable in law.
(c) That the detaining authority had failed to supply the entire material based upon which the order of detention was passed which make it difficult for the petitioner to make an effective representation to the concerned authority.
(d) That the detenue being an illiterate pers
The main legal point established in the judgment is that the grounds of detention must be specific and not vague, and the complete material forming the basis of the detention order must be provided t....
: Preventive detention – As per constitutional and statutory mandate, detaining authority is under obligation to supply material/documents forming basis for detention of detenu.
The court established that the right to make an effective representation against preventive detention is fundamental, and failure to provide legible and comprehensible grounds of detention invalidate....
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.
Procedural safeguards under the J & K Public Safety Act must be upheld, including the requirement for adequate communication of grounds for detention to ensure effective representation.
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 grounds for preventive detention must be communicated in a language the detenu understands to ensure the right to make effective representation, as mandated by Article 22(5) of the Constitution.
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