Back
JAVED IQBAL WANI
Junaid Ahmad Dar – Appellant
Versus
Government of Jammu & Kashmir – Respondent
JUDGMENT :
1. Through the medium of instant petition quashment of detention order bearing No. 78/DMS/PSA/2021, dated 06.04.2021, (hereinafter for short the 'impugned order') passed against the detenu, namely, Junaid Ahmad Dar, is being sought for by the petitioner as also a writ of mandamus for his release.
2. It is being stated in the petition that the detenu 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 detenu is stated to have been arrested on 16.03.2021, after being summoned to Police Station Shopian, and was implicated falsely in case FIR Nos. 42/2021 and 44/2021 registered at Police Station, Shopian, and while being in custody therein in the said FIRs came to be detained under preventive custody by the respondents in terms of impugned order and lodged at Central Jail, Srinagar.
3. The impugned order is being challenged, inter alia, on the grounds that detenu was already in custody in connection with case FIR Nos. 42/2021 and 44/2021 and the detaining authority, despite having the knowledge of the said fact, detained the detenu without spelling out any compelling reason the
The detaining authority must provide compelling reasons for the detention of a person who is already in custody, and the detenu must be supplied with the material on which the detention order is base....
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....
Detention order quashed - Non-recording of compelling reasons for detaining detenue when he was already in custody - Respondents have also failed to express any such compelling reasons even in their ....
The detenue's right to be supplied with all the material forming the basis of his detention, as guaranteed under Article 22(5) of the Constitution of India, is essential for an effective and purposef....
A detention order under preventive detention laws must demonstrate compelling reasons for detaining an individual already in custody, and failure to provide relevant materials for representation viol....
Detention orders must provide sufficient grounds and material to the detenu for effective representation; failure to do so renders the order illegal.
The failure to provide essential documents to a detenue violates Article 22(5) of the Constitution, rendering the detention order illegal.
Failure to furnish all material forming the basis of preventive detention and non-consideration of the detenue's representation against the detention amount to violations of constitutional safeguards....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
