SINDHU SHARMA
Imran Qadir – Appellant
Versus
U. T. of J&K – Respondent
JUDGMENT :
1. This petition has called into question the detention Order No. DMS/PSA/49/2022, dated 18.04.2022 passed by the District Magistrate, Srinagar, detaining the detenue, namely, Imran Qadir S/o Ghulam Qadir Hazari under section 8 of the Public Safety Act to prevent him from acting in any manner prejudicial to the security of the UT. This order of detention has been questioned by the detenue through his mother.
2. The detenue challenges the order of detention on the ground that (i) the allegations mentioned in the grounds of detention have no nexus with the detenue and have been fabricated to justify his detention; (ii) the grounds on which the Detaining Authority has derived its satisfaction are vague, obscure, ambiguous and are not connected with the detenue and, as such, no effective representation can be made against these allegations. (iii) the detenue was already in custody when the detention order was passed and the detaining authority has not spelled out any reason for detaining the detenue; (iv) all the material relied upon by the Detaining Authority, while passing the order of detention has not been supplied to the detenue, thus, the detenue has not been able to mak
Kundanbhai Dulabhai Shaikh v. District Magistrate, Ahmedabad & Ors.
The central legal point established is the importance of promptly communicating the grounds of detention, considering the detenue's representation, and supplying all material relied upon by the detai....
The detenu's right to make an effective representation and the necessity of providing all material relied upon for the detention as per Article 22(5) of the Constitution of India.
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.
Preventive detention must comply with Article 22(5) of the Constitution, requiring clear communication of grounds and supporting material to the detenue for effective representation; failure to do so....
Procedural safeguards in preventive detention must be strictly followed; failure to provide documents and delays in representation invalidate detention orders.
The failure to provide essential documents to a detenue violates Article 22(5) of the Constitution, rendering the detention order illegal.
Failure to provide translated grounds of detention and delay in considering representation violates constitutional rights, rendering the detention order 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 failure to supply necessary material for making an effective representation against a detention order violates constitutional rights, rendering the order illegal.
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