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SANJEEV KUMAR
Ayash Aziz Dar – Appellant
Versus
UT of Jammu and Kashmir – Respondent
JUDGEMENT/ORDER :
1. The petitioner, who is under preventive detention, has filed this petition through his brother Mohammad Younis Dar seeking quashing of Order No. 38/DMP/PSA/20, dated 09.11.2020 ('the detention order') issued by the District Magistrate Pulwama ('the Detaining Authority') in exercise of powers conferred under section 8 of the Jammu and Kashmir Public Safety Act, 1978 ('the Act' hereafter). The detention order is issued by the Detaining Authority to detain the petitioner with a view to preventing him from acting in any manner prejudicial to the security of the State.
2. The impugned order has been assailed by the detenu primarily on the following grounds:-
(ii) That the representation made by the detenu on 14.11.2020 seeking revocation of the detention order has not been considered;
(iii) That the detenu was in custody in FIR No. 35/2020 under sections 13, 18, 20 and 39 of ULAP Act at the time of detention and the Detaining Authority has not indicated any compellin
The right to make representation against detention is a fundamental right, and preventive detention should not be exercised without compelling reasons when the individual is already in custody.
Preventive detention requires compelling reasons when the individual is already in custody; failure to consider representation against detention violates constitutional safeguards under Article 22(5)....
Point of Law : When any person is detained in pursuance of an order made under any law providing for preventive detention, authority making order shall, as soon as may be, communicate to such person ....
Preventive detention orders must disclose compelling reasons, especially when the individual is already in custody, or they become unsustainable under law.
The necessity of compelling reasons for preventive detention, awareness of detainee's existing custody, and prompt consideration of representations under the Jammu and Kashmir Public Safety Act, 1978....
The grounds of detention must be specific and not vague, and the detaining authority must consider the detenu's representation without delay.
Preventive detention is invalid if the individual is already in custody for a substantive offense, emphasizing the necessity for compelling reasons and proper application of mind by the detaining aut....
Point of law : A person involved in a criminal case can be detained under the provisions of preventive detention laws provided there are compelling circumstances for doing so otherwise the order of d....
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