SANJAY DHAR
Farooq Ahmad Chopan – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent
JUDGMENT
1. By the instant petition, veracity and legality of the detention order No.59/DMP/PSA/21 dated 30.10.2021, issued by District Magistrate, Pulwama (for brevity 'detaining authority') has been challenged. In terms of the aforesaid order, Farooq Ahmad Chopan son of Gh. Mohammad Chopan resident of Chopan Mohalla Seer Jagir Tehsil Aripal District Pulwama (for short 'detenue') has been placed under preventive detention and lodged in Central Jail, Kothbalwal, Jammu.
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 procedural 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 suppl
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 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 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 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.
The failure to supply necessary material for making an effective representation against a detention order violates constitutional rights, rendering the order illegal.
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....
Preventive detention orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
The failure to supply material necessary for making an effective representation against preventive detention violates constitutional rights under Article 22(5), rendering the detention order illegal.
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