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ALI MOHAMMAD MAGREY, PUNEET GUPTA
Umar Nawaz Khan – Appellant
Versus
UT of J&K – Respondent
JUDGEMENT/ORDER :
Ali Mohammad Magrey, J.
1. The present appeal has been preferred by the detenu, Umar Nawaz Khan, through his father, Shah Nawaz Khan, against the judgment and order dated 16.02.2022, delivered by a Single Bench of this Court in WP Crl No. 255/2021 in which the detention Order No. DMS/PSA/56 of 2021 dated 18.10.2021, issued by the District Magistrate, Srinagar, was challenged. By virtue of the said detention order, the appellant/detenu was placed under preventive detention in exercise of powers under Section 8 of the J&K Public Safety Act, 1978. The said appellant/detenu was ordered to be lodged at Central Jail, Srinagar.
2. The detention order was executed on 21.10.2021. At that point of time, admittedly, the detenu was already facing trial in FIR No. 61/2016 under sections 147, 148, 149, 341, 336, 332 and 353 RPC, registered at Police Station Shaheed Gunj. Accordingly, the Police concerned prepared a dossier and while finding that the activities of the detenu are prejudicial to the maintenance of security of the State and normal law of land is not sufficient to deter the detenu from his nefarious activities, therefore the detaining authority recommended to order pre
The detaining authority is obligated to supply the detenu with all documents and materials forming the basis for detention, as emphasized by relevant judgments.
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....
: Preventive detention – As per constitutional and statutory mandate, detaining authority is under obligation to supply material/documents forming basis for detention of detenu.
Validity of detention - While serving grounds of detention were fully explained to detenu but Apex Court held that, was not a sufficient compliance with mandate of Article 22(5) which requires that g....
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....
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.
Non-furnishing of relevant material forming basis of the grounds of detention deprives a detenue of his Constitutional right to make a representation against the order of detention - Denial of this C....
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....
Non-communication of detention grounds violates the right to representation under Article 22(5).
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