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MOKSHA KHAJURI KAZMI
Abid Ahmad Dar – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent
JUDGMENT
Moksha Khajuria Kazmi, J. - In the instant Habeas Corpus petition, the petitioner has assailed the detention order No. DMB/PSA/2022/32 dated 27.06.2022, passed by respondent No. 2- District Magistrate, Budgam (for short 'the detaining authority'), whereby one Abid Ahmad Dar S/O Noor Mohd. Dar R/O Dalipora Chadoora, Budgam, (for short detenue), has been detained under the provisions of J&K Public Safety Act, 1978.
2. Though the petitioner has challenged the detention order on various grounds, but the main ground of challenge to the non-consideration of the representations filed against the detention order. It is averred that because of non-consideration of the representations, the detention order is liable to be quashed. Copy of the representations having been received by the respondents is annexed with the writ petition.
3. The respondents have filed their objections and have defended the order of detention, stating therein that the order of detention was passed by the detaining authority after being satisfied on the basis of the material available including the dossier submitted by Senior Superintendent of Police, Budgam, that it was necessary with a view to prevent the dete
The central legal point established in the judgment is the obligation of the Government to consider the detenu's representation as early as possible, as guaranteed under Article 22(5) of the Constitu....
The central legal point established in the judgment is that the non-consideration of a detenu's representation constitutes a violation of the constitutional right guaranteed under Article 22 of the C....
The failure to consider a detenu's representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention order illegal.
Non-consideration of a detenu's representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention unconstitutional.
The right to be communicated the grounds of detention and the material on which the grounds are based, as well as the timely disposal of the detenue's representation, are essential procedural safegua....
Procedural safeguards in preventive detention must be strictly followed; failure to provide documents and delays in representation invalidate detention orders.
Detention order quashed - Rights of Detenue - Detenu had a right to move a representation to the detaining authority till detention order is approved. In present case detaining authority has failed t....
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