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JAVED IQBAL WANI
Sajad Hussain Gull – Appellant
Versus
UT of Jammu and Kashmir – Respondent
JUDGMENT :
JAVED IQBAL WANI, J.
1. The instant writ petition arises out of the detention order bearing No. DMS/PSA/81/2021 dated 20.10.2021, (hereinafter for short the impugned order) passed against the detenu, namely, Sajad Hussain Gull, by respondent no. 2-District Magistrate, Srinagar (for brevity detaining authority), under and in terms of provisions of the Jammu and Kashmir Public Safety Act, 1978 (for short the ‘Act’). The detention order dated 20.10.2021 is challenged by the petitioner through the medium of instant petition and is seeking quashment of the same on the grounds taken in the writ petition.
2. It is being stated in the petition that the detenu is a law-abiding citizen and has never indulged in any subversive activity prejudicial to public order or security of the State. The detenu is stated to have been arrested and thereafter came to be detained under preventive custody by the respondents in terms of impugned order and lodged at Central Jail, Srinagar, without there being any compelling reasons thereof.
3. The impugned order is being challenged, inter-alia, on the grounds that detenu had not been provided copies of the relevant material, like copy of dossier, detail
The detention order must provide compelling reasons for the detention, and the grounds of detention should not be a verbatim copy of the police dossier. Additionally, the detaining authority must con....
The Court quashed the detention as it found that there cannot be a greater proof of non-application of mind and that the liberty of a subject being a serious matter, it is not to be tripled with in t....
The right to be informed of the grounds of detention and to access all materials relevant to that detention is fundamental under Article 22(5) of the Constitution, and any failure to comply with thes....
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....
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....
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....
Detention order quashed - Rights of Detenue - Detenu had a right to move a representation to the detaining authority till detention order is approved. In present case detaining authority has failed t....
The detention order was invalidated due to non-application of mind, failure to provide material to the detenue, and violation of procedural requirements.
The main legal point established in the judgment is the importance of strict compliance with procedural requirements and safeguards under the Public Safety Act and the Constitution, particularly in c....
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