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WASIM SADIQ NARGAL
Farooq Ahmad Khan – Appellant
Versus
Union Territory of J. & K. – Respondent
JUDGMENT :
1. Through the medium of the present writ petition, the petitioner is seeking quashment of the impugned detention order bearing no. 27/DMB/PSA of 2022 dated 25.06.2022 passed by the respondent no. 2 (District Magistrate, Bandipora), whereby the detenue, namely, Farooq Ahmad Khan has been placed in preventive detention under Section 8(1)(a) of the Jammu & Kashmir Public Safety Act, and detained the petitioner in Central Jail Kot Bhalwal, Jammu.
ARGUMENTS ON BEHALF OF THE PETITIONER
2. It is contented by learned counsel for the petitioner that the impugned detention order has been passed mechanically and without application of mind. It has been further contended that the grounds on which the detention order is based contained bald assertions and no specific allegations which could have been rebutted by the detenue to show that the grounds of detention are non-existing.
3. It is further pleaded by learned counsel appearing for the petitioner that the respondents have not provided him the chance of making an effective representation against the detention order which strikes at the root of fundamental rights guaranteed to the detenue. It is contended by learned counsel for the p
Preventive detention under the Jammu and Kashmir Public Safety Act requires the detaining authority to provide grounds for detention and adhere to procedural safeguards, but the subjective satisfacti....
The main legal point established in the judgment is the importance of procedural safeguards and the detenue's right to be provided with the whole material on which the detention order is based in pre....
The detention order must be based on compelling reasons, and the detaining authority must supply all material forming the basis of the detention to enable effective representation. Failure to do so r....
Preventive detention vitiated by vague grounds lacking specifics, mechanical reproduction of police dossier showing non-application of mind, failure to supply material in understandable language, and....
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards, including the communication of grounds of detention in a language understood by the....
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards in preventive detention cases, including providing the detenue with the whole of the....
Preventive detention orders must be based on specific and substantiated grounds, with the detaining authority required to apply its mind independently to the facts of the case, and any significant de....
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