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M. A. CHOWDHARY
Jehangeer Ahmad Malik – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent
JUDGMENT
M.A.Chowdhary, J. - District Magistrate, Shopian (hereinafter called 'Detaining Authority') in exercise of powers under Section 8 of the Jammu & Kashmir Public Safety Act, 1978, passed the detention Order No. 94/DMS/PSA/2021 dated 18.10.2021 (for short 'impugned order'), in terms whereof the Petitioner namely Jahangeer Ahmad Malik S/O Gh. Qadir Malik R/O Kiloora Shopian District Shopian (for short 'detenue') was ordered to be detained and lodged in District Jail, Kathua.
2. The impugned detention order has been challenged through the medium of the instant petition, being in breach of the provisions of Article 22(5) of the Constitution of India read with Section 13(1) of the J&K Public Safety Act, 1978.
3. It is pleaded in the petition that the detaining authority-respondent No.2 has not attributed any specific allegation against the detenue. Furthermore, it is stated that the detenue has been incapacitated in filing a representation as the grounds of detention are not in a language which could be understood by the detenue. It is also being stated that the detenue is not an English literate person and he understands only Urdu/Kashmiri languages but the order of detention is in
The detention order was invalidated due to non-application of mind, failure to provide material to the detenue, and violation of procedural requirements.
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards in preventive detention, including the right to be communicated the grounds of deten....
The right to be informed of the grounds of detention in a language understood by the detenue is a fundamental constitutional right, and failure to comply with this requirement, along with the lack of....
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.
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards, including the communication of grounds of detention in a language understood by the....
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards in preventive detention cases, including providing the detenue with the whole of the....
The main legal point established in the judgment is the importance of strict compliance with procedural requirements and safeguards under the Public Safety Act and the Constitution, particularly in c....
The judgment establishes the principle that the detention order must strictly comply with procedural requirements, and the detenue's right to understand the grounds of detention and make a meaningful....
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