SANJAY DHAR
Azad Ahmad Shah Alias Dr. Faisal – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent
JUDGMENT
Sanjay Dhar, J. - The petitioner, by the medium of instant petition, has challenged the legality and veracity of order No.41/DMA/PSA/DET/2022 dated 29.06.2022 issued by District Magistrate, Anantnag (for brevity 'Detaining Authority'), whereby he has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the security of the State.
2. It has been contended by the petitioner that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the grounds of detention are vague, non-existent on 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 has not been provided to the petitioner. It has been further urged that there has been non-application of mind on the part of detaining authority while passing the impugned detention order which renders the impugned order unsustainable in the eyes of law.
3. The petition has been resisted by the respondents by filing a counter affidavit thereto. In their counter affidavit,
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 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 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.
Preventive detention orders must comply with procedural safeguards, including supplying all relevant materials to the detainee to ensure effective representation.
Detention orders must comply with Article 22(5) of the Constitution, ensuring supply of grounds and consideration of representation; vagueness in grounds renders detention illegal.
Failure to supply all material forming the basis of the grounds of detention and non-consideration of the detenue's representation violated Article 22(5) of the Constitution of India, rendering the d....
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....
The failure to provide necessary material for effective representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention order illegal.
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