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MOHAN LAL
Asif Ahmad Dar – Appellant
Versus
UT of J and K – Respondent
JUDGEMENT
1. Petitioner by invoking the jurisdiction of this Court in terms of Article 226 of the Constitution of India has sought the indulgence of this Court for issuance of Writ of Habeas Corpus commanding the respondents to release the petitioner from illegal detention by quashing Detention Order No. 34/DMK/PSA/2022, dated 10.04.2022 issued by respondent No. 02 on the following grounds:-
(ii) that respondent No. 02 has not provided copy of letter dated 08.04.2022 which was forwarded by SSP Kulgam in the form of dossier
The main legal point established in the judgment is that the detention order under the J&K Public Safety Act was unsustainable due to the non-supply of essential documents, violation of language righ....
The judgment established the importance of providing necessary documents to the detenue and the grounds for preventive detention when ordinary law fails to deter criminal activities.
The detention under the J&K Public Safety Act can be invalidated if the detaining authority fails to provide essential material to the detainee for making an effective representation, and if the alle....
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards in preventive detention, including the right to be communicated the grounds of deten....
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....
Point of Law : The detenu has a right, under Article 22(5), to be furnished with particulars of grounds of his detention, sufficient to enable him to make a representation, which on being considered ....
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....
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