SANJAY DHAR
Zubair Ahmad – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent
JUDGMENT
Sanjay Dhar, J. - By the instant petition, veracity and legality of the detention order No.DMS/PSA/71/2021 dated 20.10.2021, issued by District Magistrate, Srinagar (for brevity 'detaining authority') has been challenged. In terms of the aforesaid order, Shri Zubair Ahmad @ Raj Koutar son of Ghulam Nabi Bhat resident of Shaheen Mohalla Noorbagh Srinagar (for short 'detenue') has been placed under preventive detention and lodged in District Jail, Baramulla.
2. The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the allegations mentioned in the grounds of detention have no nexus with the detenue and the same have been fabricated by the police in order to justify its illegal action of detaining the detenue. It has been contended that the grounds of detention are vague, on the basis of which no prudent man can make a representation against such allegations. It has been further contended that the statutory safeguards have not been complied with in the instant case, inasmuch as whole of the material which formed basis of the impugned detention order has not been supplied to the peti
The detenue's constitutional right to make an effective representation, guaranteed under Article 22(5) of the Constitution of India, is hindered by the non-supply of vital documents relied upon for t....
The failure to supply the material on which the detention was based renders the detention order illegal and unsustainable, violating the detenue's constitutional right guaranteed under Article 22(5) ....
The failure to supply the material on which the detention is based renders the detention order illegal and unsustainable, violating the detenue's constitutional right guaranteed under Article 22(5) o....
The central legal point established in the judgment is that the failure to supply the whole material to the detenue rendered the detention order illegal and unsustainable, violating his constitutiona....
Preventive detention orders must comply with procedural safeguards, including supplying all relevant materials to the detainee to ensure effective representation.
The failure to provide essential documents to a detenue violates Article 22(5) of the Constitution, rendering the detention order illegal.
Preventive detention orders must comply with constitutional safeguards, including providing the detenue with all relevant materials to ensure the right to make an effective representation.
The failure to supply necessary material for making an effective representation against a detention order violates constitutional rights, rendering the order illegal.
Preventive detention orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
Preventive detention orders must comply with procedural safeguards, including supplying all material to the detenue for effective representation, as mandated by Article 22(5) of the Constitution.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.