SANJAY DHAR
Ishfaq Ahmad Ganie – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent
JUDGMENT
1. Impugned in this petition is the detention order No.DMS/PSA/ 131/2021 dated 28.02.2022, issued by District Magistrate, Srinagar (for brevity 'Detaining Authority') is sought. In terms of the aforesaid order, Ishfaq Ahmad Ganaie @ Aqib Puj son of Ghulam Mohammad Ganaie resident of Chadoora Budgam (for short 'detenu') has been placed under preventive detention and lodged in Central Jail, Srinagar.
2. The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind and the procedural safeguards have not been complied with in the instant case. It has been further urged that the material which formed basis of the grounds of detention and the consequent order of detention has not been provided to the detenue.
3. The respondents, in their counter affidavit, have disputed the averments made in the petition and insisted that the activities of detenue are highly prejudicial to the Security of the State. It is pleaded that the detention order and grounds of detention were handed over to the detenue and the same were read over and explained to the detenue. That the grounds urged by the petitioner are legally mis
The detaining authority is required to communicate to the detenue all the material forming the basis of the grounds of detention and must not suffer from non-application of mind on the part of the de....
The failure to supply necessary material for making an effective representation against a detention order violates constitutional rights, rendering the order illegal.
The detenue's right to make an effective representation against preventive detention, as guaranteed under Article 22(5) of the Constitution of India, must be upheld, and failure to supply the materia....
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.
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 constitutional safeguards, including providing all material for effective representation and considering such representations.
The failure to provide necessary materials for representation and non-consideration of the representation violates constitutional safeguards under Article 22(5), rendering the detention order illegal....
The failure to provide a detenue with all materials relied upon for a detention order and to inform him of his right to appeal to the detaining authority constitutes a violation of constitutional rig....
Preventive detention orders must comply with procedural safeguards, including supplying all material to the detenue for effective representation, as mandated by Article 22(5) of the Constitution.
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