SANJAY DHAR
Tawqeer Ahmad Sheergojree – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent
JUDGMENT
1. By the medium of instant petition, the petitioner has challenged the legality and veracity of the order No.20/DMB/PSA of 2021 dated 16.12.2021, issued by District Magistrate, Bandipora- respondent No.2 herein, in terms whereof, Tawqeer Ahmad Sheergojree S/o Abdul Ahad Sheergojree R/o Naaz Colony, Bandipora (hereinafter referred to as the detenue), has been ordered to be taken into preventive custody and lodged in Central Jail, Jammu (Kotbhalwal).
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 that 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, non-existent on which no prudent man can make a representation against such allegations. It has been further contended that the Constitutional 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 suppli
The detenue's right to be supplied with all the material forming the basis of his detention, as guaranteed under Article 22(5) of the Constitution of India, is essential for an effective and purposef....
Failure to furnish all material forming the basis of preventive detention and non-consideration of the detenue's representation against the detention amount to violations of constitutional safeguards....
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) ....
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.
The failure to provide essential documents to a detenue violates Article 22(5) of the Constitution, rendering the detention order illegal.
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.
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 necessary material for effective representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention order illegal.
Preventive detention orders must comply with procedural safeguards, including supplying all relevant materials to the detainee to ensure effective representation.
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....
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