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MOKSHA KHAJURIA KAZMI
Waqar Ahmad Ganie – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT
Moksha Khajuria Kazmi, J. - Through the medium of instant writ petition, quashment of Order No. DMB/PSA/22 of 2022 dated 25.06.2022, passed by the respondent No. 2-District Magistrate, Budgam (hereinafter called 'Detaining Authority') in exercise of powers under Section 8 of the Jammu & Kashmir Public Safety Act, 1978, in terms whereof the husband of the petitioner namely, Waqar Ahmad Ganie S/O Mohammad Maqboo Ganie R/O Patrigam Chadoora, District, Budgam (for short 'detenue') was ordered to be detained and lodged in Central Jail Kotbalwal, Jammu has been sought taken in the memo of the petition. The petitioner seeks release of the detenue forthwith from the preventive custody.
2. Though the detention order has been challenged on several grounds, but the main ground taken by the petitioner is that the representation filed against the detention order has not been considered by the respondents till date. It is submitted that because of non-consideration of the representations, the detention order is liable to be quashed. Copy of the representations are annexed with the writ petition as annexure- IV & V.
3. The respondents in their counter affidavit have defended the order of de
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 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....
Delay in considering a detenue's representation violates procedural safeguards, rendering the detention order illegal.
The obligation on the Government to consider the detenu's representation without delay as a fundamental right under Article 22 of the constitution.
The failure to consider a detainee's representation and reliance on incorrect information invalidates a detention order under preventive detention laws.
Procedural safeguards in preventive detention must be strictly followed; failure to provide documents and delays in representation invalidate detention orders.
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